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VirginiaEminentDomainProperty Rights Resource
Introduction

Three broad categories

State agencies acquire land for public works. The Virginia Department of Transportation is the most frequent condemnor in the Commonwealth, acting under Title 33.2 Chapter 10 for highway purposes.

Localities acquire land for streets, utilities, schools and public facilities. Certain public service companies, including electric utilities, also hold condemnation authority for their regulated functions.

Quick answerWhoever the condemnor is, Article I Section 11 places the burden of proving public use on it. Authority to condemn is not the same as proof that a particular taking qualifies.
How it works

What authority does and does not mean

Authority is granted by law

A body may condemn only within the power the General Assembly gave it.

Authority is not proof of public use

Each taking must still serve a public use.

Procedure still applies

Title 25.1 governs how the condemnation proceeds.

The measure still applies

Compensation is the same constitutional measure regardless of condemnor.

Regulatory approval is separate

Utility routing may also involve State Corporation Commission proceedings.

Property owner considerations

Questions to ask about the condemnor

•Which body is acquiring the interest, and under what statutory authority?
•What public use is being asserted, and how is it established?
•Is a separate regulatory approval process running alongside, as with utility transmission routing?
•Does the same body have a record of the project changing after initial contact?
Common questions

Frequently asked questions

Can a private company take my land in Virginia?
Certain public service companies hold condemnation authority for regulated purposes. They remain subject to the public use requirement and to the burden of proving it.
Is VDOT the most common condemnor?
VDOT is the most frequent condemnor in Virginia because highway projects touch a great deal of private land.
Does a locality have the same power as the state?
Localities hold condemnation authority granted by law for public purposes, and are subject to the same constitutional measure of compensation.

Work out how this applies to your property

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