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VirginiaEminentDomainProperty Rights Resource
Introduction

The yard is part of the home

Road widening frequently takes frontage. The house stays, the lot shrinks, and what was a comfortable setback becomes a narrow one.

Virginia values the land taken and the damage to the residue. For a home that damage may show up as lost parking, a shortened driveway, a closer road, drainage changes or a lot that no longer meets its own zoning setbacks.

Quick answerA taking that moves the road closer to your house affects more than the square footage acquired.
How it works

Working through a residential taking

Get the plan sheet

See exactly where the new line falls.

Measure what remains

Setback, driveway length, parking, usable yard.

Check compliance

Whether the residue still satisfies zoning requirements.

Photograph everything

Before construction changes the ground.

Test the appraisal

Ask whether residue damage was valued at all.

Property owner considerations

Common residential issues

•A driveway that becomes too short to park in is a real loss, not a cosmetic one.
•Drainage changes can affect a house long after the project finishes.
•Mature trees and screening removed from a frontage rarely return within an owner lifetime.
•Temporary construction easements across a front yard should be valued separately.
Common questions

Frequently asked questions

Can they take my whole house?
Whole takings happen but partial takings are far more common in Virginia residential work.
Will I be paid for losing my front trees?
Landscaping and screening form part of the property and its value. How they are treated depends on the appraisal and the facts.
What if my lot no longer meets setbacks?
That is a residue damage question and it should be raised directly with the condemnor and in any appraisal.

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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