Does the state or condemning authority have the right to take my property?

It depends. The state or condemning authority has the power of eminent domain. Many counties and most cities in Virginia also have the right of eminent domain. In addition, many state and local governmental agencies and public utilities have the power of eminent domain.

While a specific governmental body or public utility may have the power of eminent domain, that does not necessarily mean that it has the right to take your specific property. If you do not want your property taken, only the court can require that your property be condemned. If the Virginia Department of Transportation, for example, claims that it needs a portion of your property to construct a road, it may not take your property unless you give your consent or the court enters an order allowing the taking.

If you do not consent to the condemnation, the condemning authority must prove to the court that your property is reasonably necessary for a public project. The burden on the landowner challenging a condemnation is very high. While condemning authorities have most often prevailed in litigation to take property, there have been several occasions in which the courts have denied the condemning authorities the right to take the property they seek.

Right to Condemn