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Mixed Use Property Takings in Virginia

A property that is both home and business is affected twice by the same taking, and the two claims are not the same.

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Introduction

Two uses, two sets of losses

Mixed use property combines residential and commercial function on one parcel. A taking that touches the frontage may reach both at once.

The residential side raises setback, driveway and privacy questions. The commercial side raises access, parking, visibility and, in Virginia, potentially lost profits.

Quick answerAnalyse each use separately, then look at how the taking affects the property as a whole.
Key topics

What to work through

Residential effects

Setbacks, driveway, yard and privacy.

ExploreCommercial effects

Access, parking, visibility and circulation.

ExploreLost profits

Where a business operates on the property.

ExploreHighest and best use

How a mixed parcel is valued.

ExploreResidue function

Whether both uses survive the taking.

ExploreTenants

Where part of the property is let.

Explore
How it works

Approaching a mixed use claim

Separate the uses

Define what area serves which function.

Assess each independently

Residential losses and commercial losses.

Assess the whole

Whether the combination still works after the taking.

Gather business records

If trade is affected.

Test the appraisal

Whether it recognised both uses at all.

Property owner considerations

Mixed use specifics

•An appraisal that treats the property as purely residential may miss the commercial loss entirely.
•Shared parking and access serve both uses. Losing them damages both.
•Where the business is the family income, lost profits should be raised early.
•A licensed Virginia attorney should review how the property has been characterised.
Related resources

Where to go next

Compensation

What just compensation covers in Virginia.

Read morePartial Taking

Where most property type questions arise.

Read moreStart Here

Find the situation that matches yours.

Read more
Common questions

Frequently asked questions

Which use is my property valued as?
Valuation rests on highest and best use, which for a mixed parcel may reflect both functions.
Can I claim both residential and business losses?
The measure covers the property as a whole. Business losses may be claimed where the facts support them.
What if the appraisal ignored the business?
That is worth raising directly, and it is a common reason offers are revisited.

Work out how this applies to your property

Tell us what is happening and we will point you to the Virginia resources that fit your situation.

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