Condemnation is the power to take private property for a public purpose. The power of condemnation is also known as the power of eminent domain.

Who can take my property?

Federal, state and local governments have the power to condemn private property, and this power has been delegated to many governmental agencies. Thus, the Virginia Department of Transportation may have the power to condemn your property. The government has also delegated the power of eminent domain to public utilities and in certain, very limited, situations to private companies and individuals.

Can the state take my property for any reason?

No. The condemning authority may only take your property for a public purpose, not a private purpose.

Who decides whether the condemnation of my property is for a public or private purpose?

Only a judge can decide. Even if the condemning authority believes the condemnation is for a public purpose, a judge can rule otherwise and deny the government the right to take your property.

How will I know whether the government really wants to take my property?

In most cases, you will learn far in advance of the proposed construction date of a project which may require the taking of your property. Your first knowledge of the project may come from reading a newspaper article or talking to a neighbor.

In many cases, the public agency will hold a public hearing at which the agency will describe the boundaries of the project, so that you will be able to determine whether your property is needed for the project.

The condemning authority will also generally give you a written notice that your property is needed and will give you a written offer to purchase your property prior to filing a condemnation action.

What is condemnation?

More..