Eminent Domain & Condemnation Attorneys – Virginia
What Is Eminent Domain Law In Virginia?
Nationally, eminent domain grants numerous groups (such as the state or federal government, universities, or utility companies) the right to take private land and use it for public use. A utility company may seize a commercial space to build a pipeline, or the government might seize a residence to build a highway.
However, eminent domain law in Virginia is different from the rest of the country. Due to the landmark case Kelo v. New London, the state added additional conditions in its laws to protect landowners in 2012:
- Stating that increased jobs, increased profits, or economic development are not considered public use.
- Putting the burden of proving public use on the condemning party.
- Stating that no just compensation for easement property can be less than $10,000.
- Allowing evidence for compensation claims to include not only appraised property value, but also how zoning changes and special use permits can affect the value of the property.
- Stating that the court can decide if there has been an unreasonable delay in easement proceedings after the project announcement. If such a delay results in damages to the land, additional damages may be awarded to the landowner.
- Declaring the acquirer must provide a certificate that has the specifications, grade changes, and elevations of the area, along with the size (and overlaps) of the easement area(s).
Why Eminent Domain Matters to You as a Virginia Land Owner
If you don’t have experience with eminent domain or condemnation, your land can easily be undervalued, leaving you with less compensation. Similarly, the effect of an easement on your land can be underestimated. An easement means you no longer control part of your land—despite still owning it.
While some easements may only need part of your land—think of a sliver to install a powerline—others could require most, if not all, of your property. It’s important to consider the future impact the easement will have on your life and potential profits.
What Does Eminent Domain Just Compensation Mean In Virginia?
Just compensation in eminent domain is traditionally equal to the fair market value of the property at the time of the acquisition. Yet oftentimes, landowners receive far less compensation than they deserve under the law.
It takes a skilled Virginia eminent domain attorney to ensure a landowner receives “just” compensation in Virginia.
What Should Landowners Do After Receiving An Eminent Domain Notice In Virginia?
Landowners who receive notice of eminent domain in Virginia should contact an eminent domain attorney. Many landowners are treated unfairly in this process, and it’s crucial to have a skilled lawyer to fight for your rights.
Here’s how a landowner should proceed after receiving an eminent domain notice:
Contact an eminent domain attorney in Virginia
An attorney will have your best interests in mind and know the ins and outs of the eminent domain process. Sever Walker Padgitt serves all of Virginia, including Chesapeake, Norfolk, Virginia Beach, and more.
Learn about landowner rights
Your attorney will help you understand your rights and ensure fair treatment in the courts.
Allow an attorney to negotiate with the condemnor
Don’t negotiate on your own—allow an expert to handle the task. Our attorneys share a combined 50-plus years of experience negotiating for landowner rights. You can trust that we’ll get you the compensation you deserve.
Have the Right Support By Your Side During an Eminent Domain or Condemnation Case
You deserve fair compensation for your land. Whether you own a retail space, farmland, or residence, our Virginia eminent domain lawyers can help protect your rights as you face off against your condemnor in the eminent domain process.
Sever Walker Padgitt is committed to the fight for justice on behalf of Virginia landowners facing eminent domain.
Case Results
State: Virginia, Pittsylvania County
Case Type: Pipeline takings
Initial Offer: $50,000
Sever Walker Padgitt Result:
$114,500
State: Indiana (Marion County)
Case Type: Road projects
Initial Offer: $46,160
Sever Walker Padgitt Result:
$2,400,000
State: Indiana (Johnson County)
Case Type: Road projects
Initial Offer: $301,200
Sever Walker Padgitt Result:
$3,800,000
State: Indiana (Vigo County)
Case Type: Road projects
Initial Offer: $1,186,000
Sever Walker Padgitt Result:
$4,475,000
State: Indiana (Hamilton County)
Case Type: Road projects
Initial Offer: $79,200
Sever Walker Padgitt Result:
$3,000,000
State: Georgia (Union County)
Case Type: Road projects
Initial Offer: $454,250
Sever Walker Padgitt Result:
$1,500,000
Frequently Asked Questions
Eminent Domain Projects In Virginia
Southeast Supply Enhancement
The SSE project boosts energy reliability, adding 1.6M dekatherms/day, supporting 9.8M homes, with safety and minimal property impacts.
Southeast Supply Enhancement
The Transco pipeline expansion will add 1,592M dekatherms/day capacity by late 2027, delivering reliable gas to VA, the Carolinas, GA, ...
Meet Our Team
At Sever Walker Padgitt, we take pride in our expertise and dedication. With over 50 years of combined experience, our entire firm is built around serving you—the landowner who is facing eminent domain or condemnation.
Get to know the faces behind the firm and discover the depth of knowledge and commitment that drives us to achieve the best possible outcomes for you.
How Sever Walker Padgitt Can Help You
When you’re looking for an expert who will stand up for your rights, the attorneys at Sever Walker Padgitt will be by your side. We’ve advised countless clients across the nation, from Ohio to Texas and beyond. We’ll work tirelessly to ensure you receive fair treatment and get the compensation you rightfully deserve for your land.
Contact Us
Let us share our expertise before you take this case on by yourself. We pledge to provide a free case review for any individual or business facing eminent domain or condemnation.
* Disclaimer: Form submission doesn’t constitute a client-attorney relationship/contract.