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VirginiaEminentDomainProperty Rights Resource
Introduction

What a notice normally means

A notice tells you that a public project or a utility project involves land you own. It may describe the project, identify the agency behind it, and signal that contact or an offer will follow.

Receiving one does not transfer anything. It does not oblige you to agree to a price, sign a document, or grant access. It is information, and the useful response is to understand exactly what is being asked for.

Quick answerA notice is not a taking. In Virginia a condemnor must make a genuine effort to purchase before it may file a condemnation petition, so there is a stage built into the process for questions.
How it works

What normally follows a notice

Contact from a right of way agent

An agent explains the project and what is needed from your property.

An appraisal

The condemnor has the property valued for its own purposes.

A written offer

An offer arrives along with the information Virginia requires.

Negotiation

The effort to purchase stage, where questions and evidence matter most.

Property owner considerations

Sensible steps at this stage

•Keep the notice and the envelope. Dates matter later and they are easy to lose.
•Write down what you were told verbally and by whom. Verbal descriptions of a project change over time.
•Photograph the property as it is today, including access, frontage, parking and any features near the proposed line.
•Do not sign a right of entry, an option or a deed because you were told it is routine. Understand what each document does first.
•If your property supports a business, start gathering records now. Virginia is one of the few states where lost profits may be compensable, and those claims rest on records.
Common questions

Frequently asked questions

Does a notice mean I will definitely lose my property?
No. Projects change, alignments shift and some parcels drop out. A notice tells you your property is within the area under consideration.
Do I have to let anyone onto my land?
Access is usually requested rather than assumed. Understand what a right of entry document permits before signing one.
Should I get my own appraisal?
Many Virginia owners do. The appraisal behind an offer is prepared for the condemnor, and it reflects that perspective.
What if I ignore the notice?
Ignoring it does not stop the project. It only removes you from the stage where questions and evidence carry the most weight.

Not sure what your notice is asking for?

Tell us what arrived and we will point you to the Virginia resources that explain it.

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