Eminent domain is the government's power to take private property for public use, with just compensation. Virginia has specific protections for property owners facing condemnation.
Constitutional protections: Both the U.S. and Virginia constitutions require that property be taken only for public use and with just compensation. Virginia's constitution was amended in 2012 to strengthen protections against government overreach.
The process: The condemning authority must make a bona fide offer to purchase based on an appraisal. If you reject the offer, they file a condemnation petition in court. A commission or jury determines fair compensation.
Just compensation: In Virginia, this includes the fair market value of the property taken, plus damages to any remaining property (severance damages). Virginia courts also allow recovery of lost profits for businesses in certain circumstances.
Your rights: You have the right to your own independent appraisal, to challenge whether the taking serves a legitimate public use, and to challenge the amount of compensation offered.
Legal fees: Under Virginia Code §25.1-245.1, the government must pay your attorney fees and costs if you receive a judgment at least 30% higher than the last written offer before trial.