For a business, the ground lost is rarely the real cost. Access, parking and visibility are, and Virginia recognises that.
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.
How vehicles and customers reach the site after the project.
ExploreParkingCounts, layout and whether the remainder still complies.
ExploreVisibilitySignage and exposure from the road.
ExploreLoading and circulationDeliveries, service vehicles and on site movement.
ExploreLost profitsThe claim Virginia allows where the facts support it.
ExploreTenantsWhere the occupier is not the owner.
ExploreTrade patterns, customer approach, delivery routes.
Photographs and plans before construction begins.
What the completed work will leave.
Profit history is the foundation of a lost profits claim.
An offer silent on business losses will not add them unprompted.
Tell us what is happening and we will point you to the Virginia resources that fit your situation.
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