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VirginiaEminentDomainProperty Rights Resource
Introduction

Work from your situation, not from the law

Eminent domain reading is hard to follow when you start with statutes. It is far easier when you start with the letter on your table, the agent at your door, or the offer you have been asked to sign.

Each of the four situations below leads to the same underlying Virginia law, but it reaches it from where you actually are. Choose the one that fits and follow the links from there.

Quick answerNothing is decided at the moment you receive a notice or an offer. Virginia requires a genuine effort to purchase before a condemnor may file, which means there is a stage designed for questions.
How it works

The order most Virginia matters follow

A project reaches your parcel

A corridor is drawn and your property falls within the area needed.

Contact and evaluation

A right of way agent makes contact and an appraisal is prepared.

A written offer

An offer arrives with the information Virginia requires the condemnor to provide.

Negotiation

The effort to purchase stage, where most Virginia matters are resolved.

Court process if needed

If no agreement is reached, a petition is filed and compensation is decided by commissioners or a jury.

Property owner considerations

Worth knowing before you respond to anything

•Virginia measures just compensation by more than the ground acquired. Damages to what you keep are part of it.
•Since the 2012 constitutional amendment, lost profits and lost access are compensable in Virginia where the facts support them. Most states pay neither.
•The appraisal behind an offer reflects the condemnor point of view. You are entitled to form your own view of value.
•A condemnor carries the burden of showing a public use. Virginia does not presume it.
•Deadlines in a Virginia condemnation case are real and they are short. Confirm any date that applies to you with a licensed Virginia attorney rather than relying on a general description.
Common questions

Frequently asked questions

Do I have to accept the first offer?
No. A first offer is a starting position, not a conclusion. Virginia builds a negotiation stage into the process precisely because the first figure is often not the final one.
Does contacting anyone commit me to something?
No. Asking questions and gathering information does not commit you to accepting or rejecting anything.
What if only a strip of my land is affected?
That is a partial taking and it is the most common situation in Virginia. Compensation looks at the strip and at the effect on the property you keep.
How long does this take?
It varies widely with the project and the agency. Many matters resolve during negotiation. Others move into a court process that takes considerably longer.

Tell us what is happening with your property

Share your situation and we will point you to the Virginia resources that fit it.

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