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VirginiaEminentDomainProperty Rights Resource
Introduction

A floor, written down

Article I Section 11 states that just compensation shall be no less than the value of the property taken, lost profits and lost access, and damages to the residue.

The words no less than matter. The Constitution sets a minimum, and Title 25.1 Chapter 2 carries the measure of just compensation through into procedure.

Quick answerFour components: the property taken, damages to the residue, lost access and lost profits. An offer addressing only the first is addressing a quarter of the measure.
How it works

How the components fit together

Establish value before

The property as it stood, at its highest and best use.

Value the interest taken

Fee, permanent easement or temporary easement.

Value the residue after

What the project leaves, in the condition it leaves it.

Add access and profit losses

Where the facts and records support them.

A body other than the condemnor decides

Commissioners or a jury determine the amount.

Property owner considerations

Reading an offer against the measure

•Ask which of the four components the appraisal actually addresses.
•An appraisal that stops at the strip acquired has not applied the Virginia measure.
•Access and profit claims need evidence gathered early, not reconstructed later.
•No general description substitutes for advice on your own facts. Have a licensed Virginia attorney review the figures.
Common questions

Frequently asked questions

Does just compensation mean market value only?
Not in Virginia. The constitutional measure expressly includes damages to the residue, lost access and lost profits.
Who determines the amount?
Commissioners or a jury, under Title 25.1 procedure.
Is the offer the same as just compensation?
An offer is the condemnor view. Just compensation is the constitutional measure, and the two are not always the same.

Work out how this applies to your property

Tell us what is happening and we will point you to the Virginia resources that fit your situation.

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