The Short Answers to
Frequently Asked Questions:
What is the power of eminent domain?
What is just compensation?
When can the condemning authority take your property?
What if the government takes only part of the owner's property?
What happens when the government immediately takes property and deposits money with the court to pay the owner for the property taken and damaged?
What should a property owner do before the government takes property for a public purpose and condemnation has yet to begin?
What is the Power of Eminent Domain?
The Government, its agencies, and certain monopolies have the power to take an individual's property for a public purpose, so long as they pay the individual just compensation. Return to FAQs
What is just compensation?
Just compensation is the amount of money needed to place the owner in the same financial position in which the owner would have been had the government or its agencies not condemned the owner's property for a public purpose. Fair market value for property taken is only one basis for determining just compensation. Principles of equity and fundamental fairness also govern the determination of what amount of money constitutes just compensation. The value of property taken is based on the highest and best use of the property, which is not necessarily its existing use at the time of the take. For example, land used for agriculture may be valuable as a residential subdivision or for commercial uses. The owner is entitled to the highest value. Return to FAQs
When can the condemning authority take your property?
The government or its agents cannot take an owner's property until it makes a bona fide offer for the property and, after that, files with the court a pleading for taking the property and serves the pleading on the owner. In Virginia, if the value of the property taken is $10,000.00 or more, the condemning authority must prepare a bona fide appraisal and give a copy of it to the property owner. Return to FAQs
What if the government takes only part of the owner's property?
When the government makes a partial take, the owner is entitled to just compensation for the property condemned and any decrease in the value of the property remaining after the partial taking of property. Moreover, if the government takes the use of the property temporarily, the property owner is entitled to compensation equal to the rental value of the property temporarily taken for the duration of the take and for damage to the value of the remainder during the time of the temporary taking. Return to FAQs
What happens when the government immediately takes property and deposits money with the court to pay the owner for the property taken and damaged?
Procedures are available for property owners to withdraw the money the government deposits with the court and still retain the right to seek additional compensation by trial if the amount deposited is inadequate to compensate the owner justly. Return to FAQs
What should a property owner do before the government takes property for a public purpose and condemnation has yet to begin?
Return to FAQs
What is the power of eminent domain?
What is just compensation?
When can the condemning authority take your property?
What if the government takes only part of the owner's property?
What happens when the government immediately takes property and deposits money with the court to pay the owner for the property taken and damaged?
What should a property owner do before the government takes property for a public purpose and condemnation has yet to begin?
What is the Power of Eminent Domain?
The Government, its agencies, and certain monopolies have the power to take an individual's property for a public purpose, so long as they pay the individual just compensation. Return to FAQs
What is just compensation?
Just compensation is the amount of money needed to place the owner in the same financial position in which the owner would have been had the government or its agencies not condemned the owner's property for a public purpose. Fair market value for property taken is only one basis for determining just compensation. Principles of equity and fundamental fairness also govern the determination of what amount of money constitutes just compensation. The value of property taken is based on the highest and best use of the property, which is not necessarily its existing use at the time of the take. For example, land used for agriculture may be valuable as a residential subdivision or for commercial uses. The owner is entitled to the highest value. Return to FAQs
When can the condemning authority take your property?
The government or its agents cannot take an owner's property until it makes a bona fide offer for the property and, after that, files with the court a pleading for taking the property and serves the pleading on the owner. In Virginia, if the value of the property taken is $10,000.00 or more, the condemning authority must prepare a bona fide appraisal and give a copy of it to the property owner. Return to FAQs
What if the government takes only part of the owner's property?
When the government makes a partial take, the owner is entitled to just compensation for the property condemned and any decrease in the value of the property remaining after the partial taking of property. Moreover, if the government takes the use of the property temporarily, the property owner is entitled to compensation equal to the rental value of the property temporarily taken for the duration of the take and for damage to the value of the remainder during the time of the temporary taking. Return to FAQs
What happens when the government immediately takes property and deposits money with the court to pay the owner for the property taken and damaged?
Procedures are available for property owners to withdraw the money the government deposits with the court and still retain the right to seek additional compensation by trial if the amount deposited is inadequate to compensate the owner justly. Return to FAQs
What should a property owner do before the government takes property for a public purpose and condemnation has yet to begin?
- Maintain the property, including all building structures and landscape, in the same manner if you were attempting to sell the property on the open market and showing the property to potential buyers. If you paint the property or make any other alterations, use colors that are conservative and modest.
- Maintain a single notebook with a running log of all conversations with the condemning authority or its agents. Write the name of any persons you speak to, the date and the time of the conversation, and the content of the conversation.
- Save all correspondence and documents the condemning authority provides to you in one folder. Keep all information that you receive in this folder.
- DO NOT sign anything. Condemning authorities often try to take more rights in a settlement than they have the right to take by law. For example, a condemning authority such as a gas company may have the legal right to construct one pipeline on your property, but it may attempt to reach a settlement giving it the right to construct two pipelines.
- Regardless of whether your tax assessment increases dramatically, DO NOT contest the tax assessment. The assessed value of your property does NOT represent the fair market value of the property. The eminent domain appraisal done for purposes of just compensation is not the same as the appraisal done for tax assessment purposes. Consequently, the tax assessment is inadmissible at trial against the landowner unless the landowner has contested the tax assessment.
- Consult an attorney regarding the filing of any subdivision plats or other documents that may be filed on record.
- DO NOT change or alter any nonconforming uses, such as signs, which have been grand fathered under the zoning laws.
- Consult an attorney about title to the property being taken and title to any adjacent properties that may be used in connection with the property being taken.
- Consult an attorney regarding any leases that are on the property. Condemnation provisions in the leases may have significant effect on condemnation proceedings.
- Take photographs of the property on a nice sunny day so that the pictures are clear, crisp and pleasant.
- DO NOT obtain an appraisal before consulting an attorney. An eminent domain appraisal done for the purpose of just compensation requires special skill and knowledge.
- Continue to make all necessary repairs that do not require you to expend a substantial amount of money. Think in terms of what repairs you would make if you were selling your property to private a party
Return to FAQs
