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VirginiaEminentDomainProperty Rights Resource
Introduction

A stronger position than most states

A taking that removes frontage, closes an entrance or reduces parking can damage a business far beyond the value of the land itself.

Virginia is one of a small number of states where lost profits and lost access may be recovered as part of just compensation, following the 2012 constitutional amendment. Title 25.1 Chapter 2 carries a dedicated provision on lost access and lost profits.

Quick answerIf trade falls because customers can no longer reach you the way they did, that loss may be compensable in Virginia rather than absorbed.
How it works

Preparing a business claim

Document current operations

Trade patterns, customer approach, delivery routes.

Record access as it is today

Photographs and plans before construction begins.

Obtain the project design

What the completed work will leave.

Assemble financial records

Profit history is the foundation of a lost profits claim.

Raise it during negotiation

An offer silent on business losses will not add them unprompted.

Property owner considerations

Points that decide these claims

•Records win these claims. Begin collecting them the moment a project is announced.
•Loss of convenience is not the standard. Material impairment of access is.
•A tenant and an owner may have different claims arising from the same taking.
•Whether a specific business loss qualifies is fact specific and should be assessed by licensed Virginia counsel.
Common questions

Frequently asked questions

Can a business recover lost profits in Virginia?
Lost profits may be compensable under Article I Section 11 where the facts and records support a claim. Most states do not allow this.
What if I lease rather than own?
Tenants may hold compensable interests. The analysis differs from an owner claim and warrants advice.
Is reduced passing traffic enough?
The standard concerns material impairment of access rather than general changes in traffic patterns.

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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