Virginia writes property owner protections into its Constitution rather than leaving them to policy. Knowing what a condemnor must prove changes how you read everything it sends you.
Most states leave the definition of just compensation and the meaning of public use to statute and case law. Virginia placed both in Article I Section 11 of its Constitution by amendment in 2012.
The practical effect is that a Virginia owner is not arguing about policy. The floor is written down, and the condemnor carries the burden of showing that its taking meets it.
Title 25.1 requires it before a petition may be filed.
ExploreProof of public useThe condemnor must establish it, not assume it.
ExploreFull just compensationLand, residue, access and profits.
ExploreYour own evidence of valueOwners may obtain and present their own appraisal.
ExploreA decision by commissioners or a juryThe amount is not set by the condemnor.
ExploreDamages to what you keepThe residue is part of the measure.
ExploreYou are entitled to understand what interest is sought and why.
You may test the appraisal and present your own view of value.
The effort to purchase requirement gives this stage weight.
You may answer and file grounds of defense under Title 25.1.
Commissioners or a jury decide the amount.
Tell us your situation and we will point you to the rights that bear on it.
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