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VirginiaEminentDomainProperty Rights Resource
Introduction

A procedure, not a punishment

If the effort to purchase does not produce agreement, the condemnor may file a condemnation petition. That filing moves the question of compensation out of negotiation and into court.

Title 25.1 Chapter 2 governs the procedure, including the petition, the answer and grounds of defense, the pretrial settlement conference, and the use of commissioners or jurors to determine just compensation.

Quick answerThe condemnor does not set the final figure. In Virginia compensation is determined by commissioners or by a jury.
How it works

How the amount is decided

Evidence of value

Both sides may present appraisal evidence.

The Virginia measure applies

Land taken, damages to the residue, lost access and lost profits.

Commissioners or a jury hears it

Virginia procedure provides for both routes.

An award is returned

The determination sets compensation.

Exceptions

A party may file exceptions to the award within the period the statute allows.

Property owner considerations

What matters most in a condemnation

•Timing is unforgiving. Every deadline in a condemnation case should be confirmed immediately with a licensed Virginia attorney rather than taken from any general summary.
•Your own appraisal evidence is normally the most effective way to contest a valuation.
•Damages to the residue and access effects are often the largest components and the easiest to leave unproved.
•A quick take may transfer possession before the amount is settled. It does not settle the amount.
Common questions

Frequently asked questions

Who decides how much I am paid?
Commissioners or a jury, depending on how the matter proceeds. Not the condemnor.
Can I still settle after a petition is filed?
Yes. Virginia procedure includes a pretrial settlement conference and matters frequently resolve before trial.
Do I need a lawyer for a condemnation case?
Condemnation is a court proceeding with strict procedural requirements and short deadlines. Owners are strongly advised to obtain licensed Virginia counsel.

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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