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VirginiaEminentDomainProperty Rights Resource
Introduction

Rights that come from the Constitution itself

Most states leave the definition of just compensation and the meaning of public use to statute and case law. Virginia placed both in Article I Section 11 of its Constitution by amendment in 2012.

The practical effect is that a Virginia owner is not arguing about policy. The floor is written down, and the condemnor carries the burden of showing that its taking meets it.

Quick answerUnder Article I Section 11 the condemnor bears the burden of proving public use, and no presumption favours it. Just compensation must be no less than the value taken, lost profits and lost access, and damages to the residue.
How it works

How these rights show up in a real matter

Before an offer

You are entitled to understand what interest is sought and why.

At the offer stage

You may test the appraisal and present your own view of value.

During negotiation

The effort to purchase requirement gives this stage weight.

If a petition is filed

You may answer and file grounds of defense under Title 25.1.

At determination

Commissioners or a jury decide the amount.

Property owner considerations

Using these rights well

•Ask what public use the taking serves and how the condemnor establishes it.
•Ask whether the appraisal valued damage to the residue, and if not, why not.
•Ask whether access to the property will be materially impaired after construction.
•If a business operates on the property, raise lost profits early and keep the records that support it.
•Do not rely on a general description of any deadline. Confirm the dates that apply to you with a licensed Virginia attorney.
Common questions

Frequently asked questions

Do I have a right to my own appraisal?
Owners may obtain and present their own appraisal evidence. Many Virginia owners do.
Can I question whether the project is a public use?
Yes. In Virginia the condemnor carries the burden of proving public use and receives no presumption.
Does the condemnor have to negotiate first?
Title 25.1 requires a genuine effort to purchase before a condemnation petition may be filed.

Know what the condemnor has to prove

Tell us your situation and we will point you to the rights that bear on it.

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