Virginia defines just compensation in its Constitution, and the definition is wider than the phrase suggests.
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.
The words no less than matter. The Constitution sets a minimum, and Title 25.1 Chapter 2 carries the measure of just compensation through into procedure.
Fair market value of the interest acquired.
ExploreDamages to the residueThe effect on the land you keep.
ExploreLost accessMaterial impairment of access to the property.
ExploreLost profitsBusiness losses caused by the taking.
ExplorePartial takingsWhere all four components commonly appear together.
ExploreEasement valuationWhat a permanent or temporary easement costs an owner.
ExploreThe property as it stood, at its highest and best use.
Fee, permanent easement or temporary easement.
What the project leaves, in the condition it leaves it.
Where the facts and records support them.
Commissioners or a jury determine the amount.
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