Eminent domain authority in Virginia is granted, not assumed. Knowing which body is acquiring your land tells you which rules apply.
State agencies acquire land for public works. The Virginia Department of Transportation is the most frequent condemnor in the Commonwealth, acting under Title 33.2 Chapter 10 for highway purposes.
Localities acquire land for streets, utilities, schools and public facilities. Certain public service companies, including electric utilities, also hold condemnation authority for their regulated functions.
Highway right of way acquisition under Title 33.2 Chapter 10.
ExploreCities and countiesStreets, drainage, utilities and public facilities.
ExplorePublic service companiesElectric and other regulated utilities with condemnation authority.
ExploreRedevelopment bodiesWhere public use questions arise most often.
ExploreWhat public use requiresThe condemnor must prove it in Virginia.
ExploreYour rights either wayThe same constitutional measure applies.
ExploreA body may condemn only within the power the General Assembly gave it.
Each taking must still serve a public use.
Title 25.1 governs how the condemnation proceeds.
Compensation is the same constitutional measure regardless of condemnor.
Utility routing may also involve State Corporation Commission proceedings.
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