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VirginiaEminentDomainProperty Rights Resource
Introduction

Two interests, one property

On a leased property both the owner and the tenant may hold interests affected by a taking. What each may claim depends on the lease and on the facts.

A taking that reduces parking, access or usable area can reduce achievable rent, which is a value question distinct from the land acquired.

Quick answerRead the lease before responding. Condemnation clauses often allocate compensation between owner and tenant in advance.
How it works

Working through an income property claim

Review every lease

Condemnation, abatement and termination provisions.

Establish current income

Rent roll, occupancy and history.

Model income after the taking

What the residue can achieve.

Identify tenant claims

Where occupiers are separately affected.

Value the difference

Income capacity lost is a value question.

Property owner considerations

Investment specifics

•A lease condemnation clause may determine how compensation is divided. Read it first.
•Loss of parking frequently reduces achievable rent more than loss of land area.
•Construction period vacancy is a distinct issue from permanent impairment.
•Owner and tenant interests can conflict. Each should take its own licensed Virginia advice.
Common questions

Frequently asked questions

Do tenants get compensation?
Tenants may hold compensable interests, subject to the lease and the facts.
Does my lease affect my claim?
Often significantly. Condemnation clauses commonly allocate proceeds in advance.
Is lost rent compensable?
Reduced income capacity is a valuation question. Whether it is recoverable depends on the facts and the interests involved.

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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