What is the eminent domain process?

Eminent domain is the process by which the state or federal government is able to take private property for public use. In Virginia, the process begins with the government agency or department that wants to acquire the property. They can choose to purchase the property from the owner but in some cases they can choose to take the property through the power of eminent domain. If this happens, the agency will typically issue a Notice of Intention to acquire the property and will then file a condemnation petition in the appropriate Virginia court. The owner of the property and the government will then negotiate to determine the value of the property. If the parties cannot agree on a price, the court will resolve the issue and issue a final judgment awarding the property to the government and providing the owner with fair compensation. Once the court has determined the fair compensation, the government must pay the owner before they can take control of the property. The acquisition of the property by eminent domain typically consists of the government taking possession of the property and providing the owner with a deed or certificate of final settlement. At this point, the eminent domain process is complete and the government has taken control of the property for public use.

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What is the eminent domain process?

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