VIRGINIA PROPERTY OWNER RESOURCESGet Help  ·  +1 646 643 3790
VirginiaEminentDomainProperty Rights Resource
Introduction

Why the residue matters so much

Article I Section 11 lists damages to the residue among the components of just compensation. It is not a discretionary extra.

In a partial taking the residue is where most of the loss usually sits. A property can lose parking, frontage, drainage, privacy or usable depth while the acquired strip itself remains modest in value.

Quick answerIf an appraisal values the strip acquired but not the change to what you keep, it has left out a component the Virginia Constitution names.
How it works

Establishing residue damage

Value the whole before

The property intact, at its highest and best use.

Value the residue after

As the completed project leaves it.

Identify what changed

Area, access, grade, drainage, configuration, exposure.

Quantify the difference

The reduction attributable to the taking and the project.

Present it as evidence

Appraisal evidence carries this component.

Property owner considerations

What to record now

•Photograph the property as it stands, including access points, parking and drainage.
•Obtain the project plan sheet showing your parcel and any proposed grading.
•Note any use of the property that would become impossible after the taking.
•Ask directly whether the appraisal valued the residue, and if so, on what assumptions.
Common questions

Frequently asked questions

What is the residue?
The part of your property that remains after the taking.
Is residue damage always paid?
Damages to the residue are part of the Virginia measure. Whether a particular loss is established depends on the evidence.
Can the residue be worth less per acre than before?
Frequently. A residue with impaired access or lost usable area may be worth considerably less than a proportionate share of the original.

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.

Get Help
Scroll to Top