A taking arrives in stages. Knowing which stage you are in tells you what matters now and what can still change.
A Virginia matter begins long before anyone contacts you, with a design that places a line across a map. Once your parcel falls inside it, a predictable sequence follows.
The most important feature of that sequence is the effort to purchase. Title 25.1 requires a condemnor to make a genuine attempt to reach agreement before it may file a petition, which makes the negotiation stage substantive rather than a formality.
The alignment is set and land requirements are identified.
ExploreContact and appraisalA right of way agent makes contact and value is established.
ExploreWritten offerAn offer arrives with the disclosures Virginia requires.
ExploreEffort to purchaseA genuine attempt at agreement, required before filing.
ExplorePetition and answerIf no agreement is reached, the matter enters court.
ExploreDeterminationCommissioners or a jury decide compensation.
ExploreTitle 25.1 Chapter 3 allows a condemnor to record a certificate and take the interest.
Funds are deposited with the court reflecting the condemnor estimate of value.
The project may proceed while compensation is still being determined.
Recording a certificate does not settle the amount you are owed.
Whether and how a deposit may be withdrawn has consequences worth advice.
Tell us what has happened so far and we will point you to the stage that matters now.
Get Help