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VirginiaEminentDomainProperty Rights Resource

What a highway project takes

Highway work is the most common source of condemnation in Virginia. The Virginia Department of Transportation acquires right of way for widening, new interchanges, realignments and safety improvements, and its condemnation authority sits in Title 33.2 Chapter 10 of the Code of Virginia, operating alongside the general procedure in Title 25.1.

On most parcels the acquisition is a strip along the frontage rather than the whole property. That makes the interesting question not what the strip is worth, but what the project does to everything behind it.

Frontage is rarely the real loss. A widening that moves your entrance, closes a median crossover or leaves you with a steep slope where a flat verge used to be can cost more than the land area acquired.

How a VDOT acquisition usually runs

Corridor studies and public hearings

The alignment is settled and the right of way plans are drawn.

Plan sheets identify your parcel

Your property appears on a plan with the proposed take shown against it.

Appraisal

VDOT obtains a valuation of the land and any damage to the residue.

Bona fide effort to purchase

Title 25.1 Chapter 2 requires an effort to buy before condemnation proceeds.

Offer and negotiation

You receive a written offer, with the appraisal behind it.

Certificate filed where needed

Under Title 25.1 Chapter 3 a certificate of take or certificate of deposit can transfer the interest and let construction begin.

Petition and answer

If no agreement is reached, the case proceeds with your answer and grounds of defence.

Commissioners or a jury

Compensation is determined and the award entered.

Questions worth asking on a highway take

What happens to my entrance?

Ask for the plan sheet and find your driveway on it. A relocated or narrowed entrance is a compensable change, not a detail.

Will there be a median?

A raised median that removes left turns can transform a retail site without taking an extra square foot of it.

What is the grade after construction?

Land left above or below the new road surface may be far less usable than it was.

Is this a temporary or permanent easement?

Temporary construction easements should end. Confirm the term and what is restored.

Frequently asked questions

Which projects are live in Virginia right now?

Large corridor work includes the Interstate 64 Gap Segment C widening, the Hampton Roads Bridge Tunnel Expansion and the Hampton Roads Express Lanes. Each has produced right of way acquisition along its length.

Can VDOT start work before compensation is agreed?

Title 25.1 Chapter 3 provides for a certificate of take or a certificate of deposit, which can vest the interest and allow construction to proceed while the amount of compensation is still being determined.

Does Virginia pay for lost profits?

Article I Section 11 as amended in 2012 expressly brings lost profits and lost access within just compensation, subject to what the statutes and courts require to prove them.

Is the VDOT appraisal the final word?

No. It is the valuation VDOT relies on to make its offer. Owners frequently obtain their own, particularly where damage to the residue is in question.

Understand your situation before the next step

Explore Virginia resources matched to your property, the project affecting it, and the stage you have reached.

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