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VirginiaEminentDomainProperty Rights Resource

The quieter category

Localities acquire land for schools, fire and rescue stations, libraries, water and sewer plant, drainage improvements and stormwater management. These projects attract less attention than highways but they take property on the same constitutional terms.

Drainage and stormwater work in particular tends to take small awkward pieces of land, or easements across the low corner of a parcel, and owners often underestimate what that does to the rest.

Small takes are not always small losses. A stormwater easement across the only buildable part of a lot can affect its value out of all proportion to the area involved.

Worth checking on an infrastructure take

Does it take your buildable area?

Setbacks, septic fields and stormwater rules interact. Losing a corner can cost you a building envelope.

Will water be directed onto your land?

A drainage scheme that discharges onto the residue raises a damage question, and possibly more.

Is it a taking or an easement?

Localities sometimes seek easements where an outright purchase would be cleaner. The instrument changes what you keep.

What is the construction period?

Temporary easements should be defined in time and in what is restored afterwards.

Frequently asked questions

Can a school board take my property?

Bodies exercising condemnation authority in Virginia do so under powers granted by the General Assembly. The public use requirement in Article I Section 11 applies to all of them, and the condemnor carries the burden of proving it.

Is a drainage easement compensable?

Yes. It is a property right taken, and the effect on the land that remains is part of the compensation question.

What if the work damages my property but nothing was taken?

Where a public body has damaged property without a condemnation proceeding, inverse condemnation is the route owners use. Raise it promptly and in writing.

Understand your situation before the next step

Explore Virginia resources matched to your property, the project affecting it, and the stage you have reached.

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