What are my rights regarding relocation?

If you live in Virginia and you are facing imminent domain taking of your property, you have certain rights regarding relocation. The Virginia Code provides a procedure for those affected by eminent domain proceedings so that they can receive assistance in relocating. Under Virginia law, the government or private entity that is taking your property must provide relocation assistance that is “equitable and fair” and that meets all applicable federal and state standards. This includes the requirement for the taking party to pay for reasonable moving and associated expenses. Additionally, if the taking affects the owner’s business and the owner chooses to relocate the business, the taking party must also provide reimbursement for the costs of moving and re-establishing the business. The taking party must also pay for reasonable temporary living expenses, such as the costs associated with renting a house or apartment, for up to thirty days while the owner looks for a new residence. Additionally, if the taking adversely affects the owner’s real estate investments, the taking party must provide compensation that is equal to the difference between the actual value of the property and the owner’s investment. The Virginia Code also provides that the taking party must make efforts to provide the owner with a replacement residence within the same or a similar county or city so that the owner does not have to move away from his or her community. If the owner agrees to make the move, the taking party must pay all of the relocation costs associated with the move, including the cost of renting a new residence.

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What are my rights regarding relocation?

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