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

Use of your land during the work

A temporary construction easement gives a contractor the right to occupy part of your property while a project is built, for staging, grading, access or working room.

It ends when the work ends, but during it you lose the use of that area, and the condition in which the land is returned matters.

Quick answerTwo questions decide the value: how long, and how much of the property. A third matters just as much: what condition it comes back in.
How it works

How these are valued

Establish the area

The footprint actually occupied.

Establish the term

How long the occupation lasts.

Consider the use lost

What you cannot do there meanwhile.

Consider consequential effects

Access, trade or farming disrupted during the work.

Value separately

A temporary interest is not part of the permanent taking.

Property owner considerations

Points owners miss

•Terms often allow extension. Ask what happens if the project runs late.
•Restoration obligations should be specific, not general.
•For a farm, a construction season lost is not recovered by returning the soil.
•For a business, disruption during construction may raise access and profit questions.
Common questions

Frequently asked questions

Should a temporary easement be paid separately?
It is a distinct interest and should be valued separately from any permanent acquisition.
What if construction takes longer than stated?
Check the instrument for extension provisions before signing, and confirm the position with licensed Virginia counsel.
Does the land have to be restored?
Restoration obligations depend on the terms of the instrument. Specific language is better than general assurances.

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