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VirginiaEminentDomainProperty Rights Resource
Introduction

What just compensation covers here

Article I Section 11 states that just compensation shall be no less than the value of the property taken, lost profits and lost access, and damages to the residue.

That sentence does a great deal of work. It means a Virginia offer built only on the acre or the strip acquired may be addressing one part of a four part measure.

Quick answerLand taken. Damages to the residue. Lost access. Lost profits. If an offer only addresses the first, it is worth asking why.
How it works

How a Virginia claim is usually built

Value the whole before

What the property was worth as it stood.

Value the part taken

The interest actually acquired, whether fee or easement.

Value the residue after

What remains, in the condition the project leaves it.

Identify access effects

Whether access is materially impaired.

Document business losses

Where a business on the property loses profits.

Property owner considerations

Questions worth asking about any offer

•Does the appraisal value the residue after the project, or only the land taken?
•How will access to the property work once construction is finished?
•Does the offer address a business operating on the property at all?
•Is a temporary construction easement valued separately from the permanent interest?
•Every dollar figure and deadline should be confirmed with a licensed Virginia attorney against your own facts.
Common questions

Frequently asked questions

What does just compensation include in Virginia?
No less than the value of the property taken, lost profits and lost access, and damages to the residue, under Article I Section 11.
Is damage to my remaining land compensable?
Yes. Damages to the residue are expressly part of the Virginia measure.
Are business losses compensable?
Lost profits may be compensable in Virginia where the facts support a claim. This is unusual among states.

Find out which parts of the measure your offer addresses

Tell us what you were offered and we will point you to the resources on each component.

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