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Eminent Domain in Virginia, Explained for Property Owners

Virginia gives property owners a stronger written position than most states. The reason sits in one constitutional provision and one title of the Code.

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Introduction

Two documents do most of the work

Article I Section 11 of the Constitution of Virginia, as amended in 2012, sets what just compensation must include and places the burden of proving public use on the condemnor.

Title 25.1 of the Code of Virginia sets the procedure. Chapter 2 covers condemnation procedure, including the required effort to purchase, the petition, the answer and grounds of defense, the pretrial settlement conference, commissioners and jurors, and the measure of just compensation. Chapter 3 covers the certificate of take and certificate of deposit mechanism.

Quick answerThe 2012 amendment requires that just compensation be no less than the value of the property taken, lost profits and lost access, and damages to the residue. It also states that the condemnor bears the burden of proving public use, with no presumption in its favour.

Key topics

The parts owners most need to understand

Article I Section 11

What the Constitution guarantees a Virginia property owner.

Explore Public use

Why economic development alone is not a public use in Virginia.

Explore The condemnation process

Petition, answer, commissioners and jury.

Explore Who holds the power

State agencies, localities and public service companies.

Explore Just compensation

The measure the Constitution and Title 25.1 set.

Explore Lost profits and lost access

What the 2012 amendment added.

Explore

How it works

How the law fits together

The Constitution sets the floor

Article I Section 11 states what compensation must at least include.

Title 25.1 sets the procedure

Chapter 2 governs how a condemnation proceeds.

Chapter 3 governs quick take

Certificate of take and certificate of deposit allow early possession.

Title 33.2 governs highway takings

Chapter 10 is the VDOT highway condemnation chapter.

Courts apply the measure

Commissioners or a jury determine the amount.

Property owner considerations

What this means in practice

•Virginia is one of a small number of states where lost profits and lost access may be recovered as part of just compensation.

•A condemnor cannot simply assert a public use. It must prove one, and takings primarily for private gain, private benefit, jobs, tax revenue or economic development are not a public use in Virginia.

•Damages to the residue are expressly part of the measure, not an afterthought.

•Procedure matters. The answer, the grounds of defense and the exceptions stage each have their own requirements and timing under Title 25.1.

•Statute section numbers and deadlines change. Confirm any specific figure or date with a licensed Virginia attorney before relying on it.

Related resources

Where to go next

Property Owner Rights

What you may require of a condemnor.

Frequently asked questions

What changed in 2012?

Virginia voters approved a constitutional amendment placing the definition of just compensation and the public use limitation in the Constitution itself, including compensation for lost profits and lost access.

Can a private company take my land in Virginia?

Certain public service companies hold condemnation authority. They remain subject to the public use requirement and the burden of proving it.

Is economic development a public use in Virginia?

No. Under Article I Section 11 a taking primarily for private gain, private benefit, jobs, tax revenue or economic development is not a public use.

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