How do I file an objection to an eminent domain taking?
In Virginia, you can file an objection to an eminent domain taking by completing an "Objection to Condemnation" form with the Circuit Court Clerk in the county where the property is located. This form must be filed within 21 days of the date of service. When you file the form, you must identify the type of objection you are filing, such as an objection to the taking of the property, not the value, a challenge of the proposed taking on constitutional grounds, or an objection to the amount of compensation being offered. In addition to filing the form, you must also submit any supporting documents. This could include land title transcripts, photographs, appraisals, or similar documents that provide evidence to support your claim. Once you have filed the form and submitted your documents, the Circuit Court Clerk will schedule a hearing. At the hearing, the court will consider your objections and make a decision on whether the eminent domain taking should proceed. If the court rules in your favor, the taking will not be completed. If the court rules against you, the taking will proceed. In either case, you have the right to appeal the decision.
Related FAQs
What are the rights of a tenant when a landlord’s property is taken?Are there any defenses against an eminent domain action?
What is the difference between eminent domain and zoning?
How does the government determine the fair market value of my property?
What is the difference between a public use and a public benefit?
How long does the eminent domain process take?
What is the cost to the government exercising its power of eminent domain?
What is the difference between market value and actual value?
Does eminent domain apply to renewable energy projects?
What is the Condemnation Procedure?
Related Blog Posts
What is Eminent Domain Law and How Does it Impact Property Owners? - July 31, 2023Understanding the Eminent Domain Process: A Step-by-Step Guide - August 7, 2023
Defending Your Rights as a Property Owner in Eminent Domain Cases - August 14, 2023
The Valuation Process in Eminent Domain Proceedings - August 21, 2023
The Controversy Surrounding Eminent Domain Law - August 28, 2023