The terms that appear in notices, appraisals, certificates and pleadings, defined in plain language.
The provision of the Constitution of Virginia governing the taking of private property. As amended in 2012 it requires the condemnor to prove public use with no presumption in its favour, and brings lost profits and lost access within just compensation.
The genuine attempt to buy the property that Title 25.1 Chapter 2 requires before a condemnation proceeds.
An instrument under Title 25.1 Chapter 3 by which the condemnor deposits funds with the court, allowing the interest to vest before compensation is finally determined.
The companion instrument under Title 25.1 Chapter 3 that transfers the interest sought so that a project can proceed while compensation remains to be decided.
The body that may determine compensation in a Virginia condemnation case where the parties cannot agree, as an alternative to a jury.
The legal proceeding through which the power of eminent domain is exercised.
The party exercising the power to take. Usually an agency, locality or authorised entity.
The property owner whose land is being taken.
The reduction in value of the land you keep, caused by the taking and by the project built on what was taken.
A right to use land belonging to someone else for a defined purpose. The owner keeps the fee and the holder takes the rights described in the document.
The power of government to take private property for a public use on payment of just compensation.
The price a willing buyer would pay a willing seller, neither being under compulsion, with both reasonably informed.
Full ownership of land, as distinct from an easement or a lesser interest.
The pleading in which an owner sets out what is disputed in answer to the petition in condemnation.
The most profitable legally permissible and physically possible use of the land, which sets the frame for the valuation. The single assumption that moves a number most.
A claim brought by an owner where a public body has taken or damaged property without bringing a condemnation proceeding.
What the Constitution of Virginia requires be paid. Following the 2012 amendment it includes the value taken, damage to the residue, lost profits and lost access.
The loss or impairment of the ability to get to and from the property. Expressly compensable in Virginia after 2012.
Loss of business profit caused by the taking. Brought within just compensation by the 2012 amendment, subject to what must be proved.
An acquisition of part of a property, leaving a residue behind. The commonest pattern in highway and utility work.
An easement without an end date, running with the land indefinitely.
The document that begins the court proceeding once no agreement has been reached.
A stage in the Virginia procedure at which the parties attempt to resolve compensation before trial.
The constitutional requirement that a taking serve the public. In Virginia the condemnor must prove it, and takings primarily for private gain, jobs, tax revenue or economic development are excluded.
Shorthand for the certificate procedure under Title 25.1 Chapter 3 that lets a project begin before compensation is settled.
Another name for the residue. The land left after a partial taking.
The corridor of land a road, rail or utility project occupies, and the interest acquired in it.
The loss in value suffered by the residue because it has been separated from the part taken.
A time limited right to use land during construction, which should end and be restored on completion.
The title of the Code of Virginia containing the general eminent domain procedure. Chapter 2 covers the proceeding and Chapter 3 the certificate mechanism.
The part of the Code of Virginia governing highway condemnation by the Virginia Department of Transportation.
The Virginia Department of Transportation, the most frequent condemnor in the Commonwealth.
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