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Commercial Property Takings in Virginia

For commercial property the land lost is often the smallest part of the loss. Access, parking and visibility are the rest.

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Introduction

A site works, or it does not

Commercial value depends on how a site functions. Customers must be able to turn in, park, and see the business from the road, and deliveries must be able to circulate.

A taking that removes frontage or closes an entrance can compromise all of that. Virginia allows compensation for damages to the residue and, unusually, for lost access and lost profits.

Quick answerAsk what the site can still do after the project, not only how much of it is left.
Key topics

Where commercial value is lost

Access and entrances

Turning movements, medians and curb cuts.

ExploreParking counts

Whether the remainder still meets requirements.

ExploreVisibility and signage

Exposure from the roadway.

ExploreCirculation

Delivery and service vehicle movement on site.

ExploreLost profits

The Virginia claim most states do not allow.

ExploreTenants

Where occupiers hold their own interests.

Explore
How it works

Building a commercial claim

Document how the site works today

Approach, parking, circulation, signage.

Obtain the completed project design

What the site will look like afterwards.

Quantify functional loss

Parking counts, turning movements, access points.

Assemble financial records

The foundation of any lost profits claim.

Test the offer against the full measure

Land, residue, access and profits.

Property owner considerations

Commercial specifics

•Losing required parking can make a compliant site non compliant, which is a significant residue issue.
•A closed entrance may be more damaging than the acre it sits on.
•Construction period disruption is a separate question from permanent impairment.
•Have a licensed Virginia attorney assess access and profit claims against your own facts.
Related resources

Where to go next

Business Property

Operational effects in detail.

Read moreLost Profits and Lost Access

The Virginia advantage.

Read moreRemaining Property

Residue damage.

Read more
Common questions

Frequently asked questions

Is lost business income compensable?
Lost profits may be compensable in Virginia where the facts support a claim, which is unusual among states.
What if the taking only affects my parking?
Parking is often central to commercial function. Its loss is a residue damage question and may be substantial.
Do tenants have claims?
Tenants may hold compensable interests. The analysis differs from an owner claim.

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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