Can I receive compensation for a partial taking?

Yes, you may receive compensation for a partial taking under Virginia’s eminent domain law. In general, when a private property is taken over for public use or benefit, the law requires the government to provide compensation in return. This compensation is called “just compensation.” In Virginia, just compensation is based on the values of the property prior to the taking and the amount of land taken. If the government is only taking a portion of your property, the compensation should be proportionate to the amount taken. This compensation typically includes the value of the land, any improvements which have been made to the land prior to the taking, and reasonable relocation expenses to the extent of moving on the same lot or higher value land. Furthermore, if a portion of a property is taken, it can create an economic burden on the owner as it could be harder to use or develop the remaining land. A court may often award additional compensation to cover any special economic damage which has been caused. Additionally, in some cases the damages may not be able to be fully determined until after the taking is complete. In these cases, the court may order the government to deposit the estimated damages into a court-monitored trust account for later determination. In summary, if the government takes only a portion of your property in Virginia, you may be entitled to compensation for both the taking and any economic damages which have been caused.

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Can I receive compensation for a partial taking?

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