You Disagree With the Offer on Your Virginia Property

Disagreeing is ordinary and expected. Virginia has a process for it, and the process is designed to produce a figure neither side sets alone.

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Introduction

Disagreement is part of the design

If a condemnor and an owner could always agree, Virginia would not need a condemnation procedure. The law assumes disagreement and provides a route through it.

If no agreement is reached, the condemnor may file a petition. Compensation is then determined through a court process rather than by the condemnor, with commissioners or a jury deciding the amount.

Quick answerDeclining an offer does not forfeit compensation. It moves the question of amount from the condemnor to a court process.

Key topics

Grounds owners commonly raise

The valuation is low

The appraisal rests on assumptions you can test.

Explore The residue was not valued

Damage to what you keep is part of the Virginia measure.

Explore Access is impaired

Material impairment of access is compensable in Virginia.

Explore Business losses ignored

Lost profits may be claimed where the facts support them.

Explore The public use is questionable

The condemnor carries the burden of proving public use.

Explore The taking is broader than needed

What interest is being acquired, and how much of it.

Explore

How it works

What happens if you do not agree

Negotiation continues

Evidence and appraisal work often move the figure.

A petition is filed

If no agreement is reached the matter enters a court process.

Answer and grounds of defense

The owner responds within the procedure Title 25.1 sets.

Pretrial settlement conference

Virginia procedure includes a stage for resolution before trial.

Commissioners or a jury

Compensation is determined by a body other than the condemnor.

Property owner considerations

Practical points

•Deadlines in a Virginia condemnation case are short and they are strict. Confirm every date with a licensed Virginia attorney immediately.

•Your own appraisal evidence is usually the strongest way to test a valuation.

•Damages to the residue and loss of access are frequently the largest parts of a Virginia claim and the parts most often understated.

•Quick take mechanisms allow a condemnor to take possession before value is finally determined. Understand whether one applies to you.

Related resources

Where to go next

Condemnation

How the Virginia court process works.

Frequently asked questions

Will disagreeing cost me the property anyway?

Disagreement concerns the amount of compensation. If the taking is lawful the project may still proceed, with the amount decided through the court process.

Who decides the amount?

In Virginia compensation is determined by commissioners or by a jury rather than by the condemnor.

Are there deadlines?

Yes, and they are short. Because the exact periods depend on the stage and the case, confirm them with a licensed Virginia attorney rather than relying on any general summary.

The amount is not the condemnor decision alone

Tell us why the offer does not fit and we will point you to the Virginia resources that address it.

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