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VirginiaEminentDomainProperty Rights Resource

Corridors rather than parcels

Utility acquisitions in Virginia are usually easements rather than outright purchases. The company takes the right to install and maintain its facilities across a defined strip, and you keep ownership of the ground subject to that right.

That distinction matters less than owners expect. A transmission easement that prohibits structures, restricts tree height and permits access at any time can remove most of the practical value of the land it crosses.

Read the easement, not the cheque. The width of the strip, what you may still do inside it, who may enter, and whether the company can later add facilities are all terms. They are worth more attention than the figure attached to them.

The terms that decide the value

How wide, and can it grow?

A fixed width is one thing. A right to a corridor the company may later widen is another.

What may you still build?

Restrictions on structures, paving, fencing, ponds and planting all narrow what the strip is worth to you.

Where is the access?

A right of entry across the rest of your land, rather than along the corridor, spreads the burden well beyond the strip.

Is it exclusive?

A non exclusive easement that lets you continue farming or crossing is materially less damaging than one that does not.

Frequently asked questions

Can a private pipeline company use eminent domain?

Interstate natural gas pipelines act under federal authority once they hold a certificate from the Federal Energy Regulatory Commission. In May 2024 the Supreme Court of the United States declined to hear a challenge concerning eminent domain for the Mountain Valley Pipeline, leaving the lower court position in place.

Does the State Corporation Commission get involved?

Yes, for utilities it regulates. In July 2026 the Commission rejected a request to pause the Loudoun Valley Estates matter, an illustration that its decisions shape the timing of these projects.

Do I keep ownership of the land under an easement?

Generally yes. You retain the fee and the utility holds the rights described in the easement document. What those rights permit is the whole question.

Should the easement have an end date?

Temporary construction easements should. Permanent easements do not, which is why their terms deserve close reading.

Understand your situation before the next step

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