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VirginiaEminentDomainProperty Rights Resource
Introduction

What an offer represents

An offer reflects an appraisal prepared for the condemnor. It is a considered figure, but it is one view of value produced by one side.

Virginia measures just compensation by the value of what is taken, damages to the residue, and, since the 2012 constitutional amendment, lost profits and lost access where the facts support them. An offer that addresses only the ground acquired may be leaving parts of that measure out.

Quick answerRead the offer for what it does not cover as carefully as for what it does. Damages to the remaining property, loss of access and lost profits are all part of the Virginia measure.
How it works

How to work through an offer

Read the whole package

Offers arrive with plans, appraisal summaries and required disclosures.

Map it onto your property

Understand exactly where the line falls and what it crosses.

Test it against the full measure

Land, residue, access and profits, not land alone.

Form your own view of value

Owners may present their own appraisal evidence.

Respond within the stage

The negotiation stage is where evidence carries weight.

Property owner considerations

Before you sign anything

•Signing usually ends the negotiation. Understand what the document does before it is signed.
•An offer that values only the strip acquired may be incomplete under the Virginia measure.
•Access impairment is compensable in Virginia where it is material. Look at how you get in and out after the project, not just before.
•If a business operates on the property, assemble financial records before responding.
•Confirm any deadline stated in the paperwork with a licensed Virginia attorney rather than relying on a general description.
Common questions

Frequently asked questions

Is the first offer usually the final one?
Not necessarily. Virginia builds a negotiation stage into the process, and offers commonly move when evidence supports a different view of value.
Can I get my own appraisal?
Yes. Owners may obtain and present their own appraisal evidence.
What if the offer ignores my business losses?
Virginia is one of the few states where lost profits may be compensable. Whether a claim exists depends on the facts and the records.

Work out what the offer leaves out

Tell us what you were offered and we will point you to the Virginia resources on each part of the measure.

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