This is where Virginia parts company with most of the country. Since 2012 the Constitution has required compensation for lost profits and lost access, not only for the land itself.
In many states a business damaged by a road project is told its losses are an unfortunate consequence of a public work rather than something the public must pay for. Virginia rejected that position by constitutional amendment in 2012.
Article I Section 11 now requires that just compensation be no less than the value of the property taken, lost profits and lost access, and damages to the residue. Title 25.1 Chapter 2 carries a dedicated provision on lost access and lost profits.
Access impaired materially, not merely made less convenient.
ExploreWhat lost profits meansProfits lost because of the taking, proved with records.
ExploreWhy records decide itThese claims stand or fall on documentation.
ExplorePartial takings and accessA narrow strip can carry a large access effect.
ExploreDamages to the residueRelated but distinct from lost profits.
ExploreUtility easementsCorridors can affect use and access too.
ExploreHow long, what operations, what dependence on access.
Entrances, turning movements, frontage, visibility, parking.
What the completed project leaves you with.
Profit history is the backbone of a lost profits claim.
The link between the project and the loss must be shown.
Tell us what changed about access or trade and we will point you to the right Virginia resources.
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