Virginia gives property owners a stronger written position than most states. The reason sits in one constitutional provision and one title of the Code.
Article I Section 11 of the Constitution of Virginia, as amended in 2012, sets what just compensation must include and places the burden of proving public use on the condemnor.
Title 25.1 of the Code of Virginia sets the procedure. Chapter 2 covers condemnation procedure, including the required effort to purchase, the petition, the answer and grounds of defense, the pretrial settlement conference, commissioners and jurors, and the measure of just compensation. Chapter 3 covers the certificate of take and certificate of deposit mechanism.
What the Constitution guarantees a Virginia property owner.
ExplorePublic useWhy economic development alone is not a public use in Virginia.
ExploreThe condemnation processPetition, answer, commissioners and jury.
ExploreWho holds the powerState agencies, localities and public service companies.
ExploreJust compensationThe measure the Constitution and Title 25.1 set.
ExploreLost profits and lost accessWhat the 2012 amendment added.
ExploreArticle I Section 11 states what compensation must at least include.
Chapter 2 governs how a condemnation proceeds.
Certificate of take and certificate of deposit allow early possession.
Chapter 10 is the VDOT highway condemnation chapter.
Commissioners or a jury determine the amount.
Tell us what is happening and we will point you to the parts that apply.
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