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VirginiaEminentDomainProperty Rights Resource
Introduction

Use drives the loss

Eminent domain law is the same across property types, but the damage is not. The measure asks what the property was worth before and what the residue is worth after, and use is central to both figures.

Start with the type that fits your property. Each page covers the losses that type most commonly suffers and the questions worth asking early.

Quick answerSame law, different losses. Identify how the taking reaches the way you actually use the property.
How it works

Questions common to every type

What is taken

Fee, permanent easement, temporary easement or a combination.

What remains

The residue and how the project leaves it.

How access changes

Entry, exit, circulation and frontage.

What use is lost

Whether the remaining land still supports the same use.

What records exist

Especially where income or production is affected.

Property owner considerations

Across all property types

•Damages to the residue are part of the Virginia measure regardless of property type.
•Lost access is compensable in Virginia where impairment is material.
•Lost profits may be claimed where a business operates on the property.
•Have the specifics of your property assessed by licensed Virginia counsel.
Common questions

Frequently asked questions

Does property type change the law?
No. It changes which losses arise and how they are proved.
Which type has the largest claims?
It varies. Commercial and agricultural takings often carry large residue and access components.
My property is more than one type. Which page applies?
Start with mixed use, then read the pages for each component use.

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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