Are there any restrictions on the amount of time allotted for a taking?

The amount of time allotted for a taking in Virginia, under eminent domain law, depends on the specific circumstances set forth in the case. Generally speaking, the time limit for taking private property through eminent domain is limited by the legislature. In the state of Virginia, the amount of time for a taking cannot exceed five years. Therefore, a landowner should be paid for the taking within five years after the land has been identified. If this time limit is exceeded, the landowner may be entitled to additional compensation. In addition, when a condemnation and taking of private property is initiated, the state must move forward with good faith and due diligence, demonstrating a commitment to complete the taking within a reasonable time frame. If it is found that the state has not done so, the landowner may be entitled to additional compensation. Finally, the state of Virginia allows for the temporary taking of private property. This occurs when the state has a specified need for a temporary period, and the landowner is compensated for the use of the property for that limited period of time. This type of taking is typically given an even shorter time limit than regular takings. In summary, the amount of time set forth for a taking in the state of Virginia is five years. If this time limit is exceeded, the landowner may be entitled to additional compensation or relief. In addition, Virginia allows for the temporary taking of private property in certain instances, though this type of taking is given an even shorter time limit than regular takings.

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