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VirginiaEminentDomainProperty Rights Resource
Introduction

What the standard asks

Fair market value asks what the property would bring between a willing buyer and a willing seller, neither under compulsion, both reasonably informed.

An appraisal applies that standard to a specific property through comparable sales, income analysis or cost, and every one of those routes involves judgment about what is comparable and what is possible.

Quick answerThe appraisal behind an offer was prepared for the condemnor. That does not make it wrong, but it does make it one view rather than the only view.
How it works

How to test an appraisal

Read the assumptions

Every appraisal states them, and they drive the number.

Check the comparables

Location, size, zoning, access and date all matter.

Check highest and best use

An understated use produces an understated value.

Check what was excluded

Residue damage, access and profits are often absent.

Obtain your own

Independent evidence is the practical way to test a figure.

Property owner considerations

Practical points

•A low comparable set is the most common source of a low figure.
•Highest and best use is frequently the largest single point of disagreement.
•An appraisal prepared before a design change may value the wrong taking.
•Have any appraisal reviewed by a licensed Virginia attorney or a qualified independent appraiser before you rely on it.
Common questions

Frequently asked questions

Can I get my own appraisal?
Yes. Owners may obtain and present independent appraisal evidence.
Why is the condemnor figure often low?
It reflects one set of assumptions prepared for one party. Different assumptions about comparables and highest and best use produce different values.
What date is value measured at?
Valuation is tied to a specific date in the process. Confirm which date applies to your matter with licensed Virginia counsel.

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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