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VirginiaEminentDomainProperty Rights Resource

Why the project matters

A highway widening takes frontage and changes how you get in and out. A transmission line takes a corridor and leaves the ground beneath it largely usable. A redevelopment scheme raises a different question again, because Virginia narrowed what counts as a public use.

Identifying the project tells you which agency you are dealing with, which statutes govern it, and which parts of your value are most at risk.

Virginia sets a high bar. Article I Section 11 of the Constitution of Virginia, as amended in 2012, places the burden of proving public use on the condemnor with no presumption in its favour, and excludes takings primarily for private gain, jobs, tax revenue or economic development.

Frequently asked questions

Does it matter which agency is taking my land?

Yes. VDOT highway acquisitions run under Title 33.2 Chapter 10 alongside the general procedure in Title 25.1. A utility or a locality follows a different authorising path, and the practical negotiation differs too.

Can a project be stopped?

Challenging the taking itself is different from arguing about compensation. Article I Section 11 requires the condemnor to prove public use, without any presumption in its favour, which is a more demanding standard than most states apply.

My land is only crossed by a corridor, not taken outright.

That is a partial taking, usually as an easement. The value of the corridor is one question and the damage to the residue is a separate one, often larger.

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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