New Virginia Eminent Domain Constitutional Amendment Restates Landowners Remedies
WASHINGTON, Jan. 3, 2013 /PRNewswire-USNewswire/ -- On November 6, 2012, the citizens of Virginia overwhelmingly approved an amendment to the Virginia Constitution recognizing that ownership of private property is a "fundamental right."
Since 2007, the General Assembly has been expanding statutory protections for Virginia landowners. The amendment to Article I, Section 11 of the Constitution of Virginia restates the protections already in the Code of Virginia and adds specific rights and remedies for landowners whose land is threatened with condemnation. These statutory and Constitutional amendments make it more difficult for the Commonwealth or its subdivisions to take private property of citizens, and expands the types of compensation available to landowners when their land is taken, adding new rights regarding compensation for loss of access and lost profits. Previously, lost profits were not compensable, and Virginia law was unclear about when loss of access to a property was compensable. However, now citizens are afforded much needed additional protections for their property and also remedies if their property is taken.
Paul Terpak is the Editor of the 2012 standard handbook in Virginia on condemnation, Eminent Domain Law in Virginia www.eminentdomainlawvirginia.com. For more information visit http://www.blankingshipandkeith.com/ or call (703) 691-1235.
SOURCE Blankingship & Keith, P.C.