{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/25.1-100.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/25.1-100.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/25.1-100.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/25.1-100.html"}],"law_id":60011,"edition_id":1,"section_id":60011,"structure_id":13653,"section_number":"25.1-100","catch_line":"Definitions","history":"1962, c. 426, \u00a7 25-46.3; 1991, c. 520; 2000, c. 1029; 2002, c. 878; 2003, c. 940; 2006, c. 586; 2009, cc. 813, 840; 2010, c. 835; 2011, cc. 117, 190; 2012, cc. 476, 507, 699, 719; 2015, c. 642; 2017, c. 314; 2018, c. 702; 2022, cc. 734, 735.","full_text":"As used in this title, unless the context requires a different meaning:\n\t\t“Appraisal” means a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market information.\n\t\t“Body determining just compensation” means a panel of commissioners empaneled pursuant to \u00a7 25.1-227.2, jury selected pursuant to \u00a7 25.1-229, or the court if neither a panel of commissioners nor a jury is appointed or empaneled.\n\t\t“Court” means the court having jurisdiction as provided in \u00a7 25.1-201.\n\t\t“Date of valuation” means the time of the lawful taking by the petitioner, or the date of the filing of the petition pursuant to \u00a7 25.1-205, whichever occurs first.\n\t\t“Freeholder” means any person owning an interest in land in fee, including a person owning a condominium unit.\n\t\t“Land” means real estate and all rights and appurtenances thereto, together with the structures and other improvements thereon, and any right, title, interest, estate or claim in or to real estate.\n\t\t“Locality” or “local government” means a county, city, or town, as the context may require.\n\t\t“Lost access” means a change of vehicular or pedestrian access to property that is caused by a public use project for which the eminent domain power has been exercised against the property and which results in a diminution in the value of the property.\n\t\t“Lost profits” means a loss of profits or expected profits suffered by a business or farm operation as a result of a taking or damaging of the property on which the business or farm operation is operated for a period not to exceed three years from the later of (i) the date of valuation or (ii) the date the state agency or its contractor prevents the owner from using the land or any of the owner’s other property rights are taken. The business or farm operation claiming lost profits is entitled to compensation whether part of the property or the entire parcel of property is taken or damaged, and bears the burden of proving lost profits in accordance with the requirements of subsection C of \u00a7 25.1-230.1.\n\t\t“Owner” means any person who owns property, provided that the person’s ownership of the property is of record in the land records of the clerk’s office of the circuit court of the county or city where the property is located. The term “owner” shall not include trustees or beneficiaries under a deed of trust, any person with a security interest in the property, or any person with a judgment or lien against the property. This definition of the term “owner” shall not affect in any way the valuation of property.\n\t\t“Person” means any individual; firm; cooperative; association; corporation; limited liability company; trust; business trust; syndicate; partnership; limited liability partnership; joint venture; receiver; trustee in bankruptcy or any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise; club, society or other group or combination acting as a unit; the Commonwealth or any department, agency or instrumentality thereof; any city, county, town, or other political subdivision or any department, agency or instrumentality thereof; or any interstate body to which the Commonwealth is a party.\n\t\t“Petitioner” or “condemnor” means any person who possesses the power to exercise the right of eminent domain and who seeks to exercise such power. The term “petitioner” or “condemnor” includes a state agency.\n\t\t“Property” means land and personal property, and any right, title, interest, estate or claim in or to such property.\n\t\t“State agency” means any (i) department, agency or instrumentality of the Commonwealth; (ii) public authority, municipal corporation, local governmental unit or political subdivision of the Commonwealth or any department, agency or instrumentality thereof; (iii) person who has the authority to acquire property by eminent domain under state law; or (iv) two or more of the aforementioned that carry out projects that cause persons to be displaced.\n\t\t“State institution” means any (i) institution enumerated in \u00a7 23.1-1100 or (ii) state hospital or state training center operated by the Department of Behavioral Health and Developmental Services.","order_by":null,"text":{"0":{"id":219685,"text":"As used in this title, unless the context requires a different meaning:\n\t\t“Appraisal” means a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market information.\n\t\t“Body determining just compensation” means a panel of commissioners empaneled pursuant to \u00a7 25.1-227.2, jury selected pursuant to \u00a7 25.1-229, or the court if neither a panel of commissioners nor a jury is appointed or empaneled.\n\t\t“Court” means the court having jurisdiction as provided in \u00a7 25.1-201.\n\t\t“Date of valuation” means the time of the lawful taking by the petitioner, or the date of the filing of the petition pursuant to \u00a7 25.1-205, whichever occurs first.\n\t\t“Freeholder” means any person owning an interest in land in fee, including a person owning a condominium unit.\n\t\t“Land” means real estate and all rights and appurtenances thereto, together with the structures and other improvements thereon, and any right, title, interest, estate or claim in or to real estate.\n\t\t“Locality” or “local government” means a county, city, or town, as the context may require.\n\t\t“Lost access” means a change of vehicular or pedestrian access to property that is caused by a public use project for which the eminent domain power has been exercised against the property and which results in a diminution in the value of the property.\n\t\t“Lost profits” means a loss of profits or expected profits suffered by a business or farm operation as a result of a taking or damaging of the property on which the business or farm operation is operated for a period not to exceed three years from the later of (i) the date of valuation or (ii) the date the state agency or its contractor prevents the owner from using the land or any of the owner’s other property rights are taken. The business or farm operation claiming lost profits is entitled to compensation whether part of the property or the entire parcel of property is taken or damaged, and bears the burden of proving lost profits in accordance with the requirements of subsection C of \u00a7 25.1-230.1.\n\t\t“Owner” means any person who owns property, provided that the person’s ownership of the property is of record in the land records of the clerk’s office of the circuit court of the county or city where the property is located. The term “owner” shall not include trustees or beneficiaries under a deed of trust, any person with a security interest in the property, or any person with a judgment or lien against the property. This definition of the term “owner” shall not affect in any way the valuation of property.\n\t\t“Person” means any individual; firm; cooperative; association; corporation; limited liability company; trust; business trust; syndicate; partnership; limited liability partnership; joint venture; receiver; trustee in bankruptcy or any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise; club, society or other group or combination acting as a unit; the Commonwealth or any department, agency or instrumentality thereof; any city, county, town, or other political subdivision or any department, agency or instrumentality thereof; or any interstate body to which the Commonwealth is a party.\n\t\t“Petitioner” or “condemnor” means any person who possesses the power to exercise the right of eminent domain and who seeks to exercise such power. The term “petitioner” or “condemnor” includes a state agency.\n\t\t“Property” means land and personal property, and any right, title, interest, estate or claim in or to such property.\n\t\t“State agency” means any (i) department, agency or instrumentality of the Commonwealth; (ii) public authority, municipal corporation, local governmental unit or political subdivision of the Commonwealth or any department, agency or instrumentality thereof; (iii) person who has the authority to acquire property by eminent domain under state law; or (iv) two or more of the aforementioned that carry out projects that cause persons to be displaced.\n\t\t“State institution” means any (i) institution enumerated in \u00a7 23.1-1100 or (ii) state hospital or state training center operated by the Department of Behavioral Health and Developmental Services.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13653,"edition_id":1,"name":"General Provisions","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":13196,"metadata":{},"date_created":"2026-06-26 03:45:29","date_modified":"2026-06-26 03:45:29","permalink":{"id":189495,"object_type":"structure","relational_id":13653,"identifier":"1","token":"25.1\/1","url":"\/25.1\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13196,"edition_id":1,"name":"Eminent Domain","identifier":"25.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:26","date_modified":"2026-06-26 03:44:26","permalink":{"id":189493,"object_type":"structure","relational_id":13196,"identifier":"25.1","token":"25.1","url":"\/25.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60011,"structure_id":13653,"section_number":"25.1-100","catch_line":"Definitions","url":"\/25.1-100\/","token":"25.1\/1\/25.1-100","metadata":false},{"id":77181,"structure_id":13653,"section_number":"25.1-101","catch_line":"Condemnation by state institutions","url":"\/25.1-101\/","token":"25.1\/1\/25.1-101","metadata":false},{"id":56240,"structure_id":13653,"section_number":"25.1-102","catch_line":"Condemnation of property of corporations possessing power of eminent domain","url":"\/25.1-102\/","token":"25.1\/1\/25.1-102","metadata":false},{"id":69672,"structure_id":13653,"section_number":"25.1-103","catch_line":"Condemnation of lands of state institutions","url":"\/25.1-103\/","token":"25.1\/1\/25.1-103","metadata":false},{"id":54627,"structure_id":13653,"section_number":"25.1-104","catch_line":"Condemnation of lands of private educational institutions for highway purposes","url":"\/25.1-104\/","token":"25.1\/1\/25.1-104","metadata":false},{"id":73038,"structure_id":13653,"section_number":"25.1-105","catch_line":"Condemnation of cemeteries","url":"\/25.1-105\/","token":"25.1\/1\/25.1-105","metadata":false},{"id":82682,"structure_id":13653,"section_number":"25.1-106","catch_line":"Condemnation of lands within agricultural and forestal districts","url":"\/25.1-106\/","token":"25.1\/1\/25.1-106","metadata":false},{"id":75313,"structure_id":13653,"section_number":"25.1-107","catch_line":"Condemnation of lands within adopted conservation or redevelopment plans","url":"\/25.1-107\/","token":"25.1\/1\/25.1-107","metadata":false},{"id":86082,"structure_id":13653,"section_number":"25.1-108","catch_line":"Offer to sell to former owner","url":"\/25.1-108\/","token":"25.1\/1\/25.1-108","metadata":false},{"id":82927,"structure_id":13653,"section_number":"25.1-109","catch_line":"Condemnation of lands for compensatory mitigation of wetlands","url":"\/25.1-109\/","token":"25.1\/1\/25.1-109","metadata":false}],"next_section":{"id":77181,"structure_id":13653,"section_number":"25.1-101","catch_line":"Condemnation by state institutions","url":"\/25.1-101\/","token":"25.1\/1\/25.1-101","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/25.1-100\/","history_text":"

This law was first created in 1962. The record of its establishment is cataloged in chapter 426 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1962 \u201cActs\u201d aren\u2019t available online. It has been modified 13 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1991, chapter 520; in 2000, chapter 1029<\/a>; in 2002, chapter 878<\/a>; in 2003, chapter 940<\/a>; in 2006, chapter 586<\/a>; in 2009, chapters 813<\/a> and 840<\/a>; in 2010, chapter 835<\/a>; in 2011, chapters 117<\/a> and 190<\/a>; in 2012, chapters 476<\/a>, 507<\/a>, 699<\/a>, and 719<\/a>; in 2015, chapter 642<\/a>; in 2017, chapter 314<\/a>; in 2018, chapter 702<\/a>; in 2022, chapters 734<\/a> and 735<\/a>.<\/p>","references":[{"id":83457,"section_number":"15.2-1908","catch_line":"Council or other governing body to file copy of resolution","order_by":null,"url":"\/15.2-1908\/"},{"id":56402,"section_number":"8.01-187","catch_line":"Commissioners, condemnation jurors, or court to determine compensation for property taken or damaged","order_by":null,"url":"\/8.01-187\/"}],"refers_to":[{"id":55320,"section_number":"23.1-1100","catch_line":"Definitions","order_by":null,"url":"\/23.1-1100\/"},{"id":87259,"section_number":"25.1-201","catch_line":"Jurisdiction of condemnation proceedings","order_by":null,"url":"\/25.1-201\/"},{"id":77093,"section_number":"25.1-205","catch_line":"Commencement of proceedings","order_by":null,"url":"\/25.1-205\/"},{"id":67868,"section_number":"25.1-227.2","catch_line":"Empanelment of commissioners","order_by":null,"url":"\/25.1-227.2\/"},{"id":59171,"section_number":"25.1-229","catch_line":"Selection of jurors","order_by":null,"url":"\/25.1-229\/"},{"id":54209,"section_number":"25.1-230.1","catch_line":"(See Editor's Note) Lost access and lost profits","order_by":null,"url":"\/25.1-230.1\/"}],"permalink":{"id":189497,"object_type":"law","relational_id":60011,"identifier":"25.1-100","token":"25.1\/1\/25.1-100","url":"\/25.1-100\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/25.1-100\/","token":"25.1\/1\/25.1-100","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 25.1-100","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this title, unless the context requires a different meaning:\n\t\t“Appraisal<\/span>” means a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion<\/span> of defined value of an adequately described property<\/span> as of a specific date, supported by the presentation and analysis of relevant market information.\n\t\t“Body determining just compensation<\/span>” means a panel<\/span> of commissioners empaneled pursuant to \u00a7 25.1-227.2<\/a>, jury<\/span> selected pursuant to \u00a7 25.1-229<\/a>, or the court<\/span> if neither a panel<\/span> of commissioners nor a jury<\/span> is appointed or empaneled.\n\t\t“Court<\/span>” means the court<\/span> having jurisdiction<\/span> as provided in \u00a7 25.1-201<\/a>.\n\t\t“Date of valuation<\/span>” means the time of the lawful taking by the petitioner<\/span>, or the date of the filing of the petition<\/span> pursuant to \u00a7 25.1-205<\/a>, whichever occurs first.\n\t\t“Freeholder<\/span>” means any person<\/span> owning an interest in land<\/span> in fee, including a person<\/span> owning a condominium unit.\n\t\t“Land<\/span>” means real estate and all rights and appurtenances thereto, together with the structures and other improvements thereon, and any right, title, interest, estate or claim in or to real estate.\n\t\t“Locality<\/span>” or “local government<\/span>” means a county, city, or town, as the context may require.\n\t\t“Lost access<\/span>” means a change of vehicular or pedestrian access to property<\/span> that is caused by a public use project for which the eminent domain power has been exercised against the property<\/span> and which results in a diminution in the value of the property<\/span>.\n\t\t“Lost profits<\/span>” means a loss of profits or expected profits suffered by a business or farm operation as a result of a taking or damaging of the property<\/span> on which the business or farm operation is operated for a period not to exceed three years from the later of (i) the date of valuation<\/span> or (ii) the date the state agency<\/span> or its contractor prevents the owner<\/span> from using the land<\/span> or any of the owner<\/span>’s other property<\/span> rights are taken. The business or farm operation claiming lost profits<\/span> is entitled to compensation whether part of the property<\/span> or the entire parcel of property<\/span> is taken or damaged, and bears the burden of proving lost profits<\/span> in accordance with the requirements of subsection C of \u00a7 25.1-230.1<\/a>.\n\t\t“Owner<\/span>” means any person<\/span> who owns property<\/span>, provided that the person<\/span>’s ownership of the property<\/span> is of record in the land<\/span> records of the clerk’s office of the circuit<\/span> court<\/span> of the county or city where the property<\/span> is located. The term “owner<\/span>” shall not include trustees or beneficiaries under a deed of trust, any person<\/span> with a security interest in the property<\/span>, or any person<\/span> with a judgment<\/span> or lien<\/span> against the property<\/span>. This definition of the term “owner<\/span>” shall not affect in any way the valuation of property<\/span>.\n\t\t“Person<\/span>” means any individual; firm; cooperative; association; corporation; limited liability company; trust; business trust; syndicate; partnership; limited liability partnership; joint venture; receiver; trustee in bankruptcy<\/span> or any other person<\/span> acting in a fiduciary or representative capacity, whether appointed by a court<\/span> or otherwise; club, society or other group or combination acting as a unit; the Commonwealth or any department, agency or instrumentality thereof; any city, county, town, or other political subdivision or any department, agency or instrumentality thereof; or any interstate body to which the Commonwealth is a party<\/span>.\n\t\t“Petitioner<\/span>” or “condemnor<\/span>” means any person<\/span> who possesses the power to exercise the right of eminent domain and who seeks to exercise such power. The term “petitioner<\/span>” or “condemnor<\/span>” includes a state agency<\/span>.\n\t\t“Property<\/span>” means land<\/span> and personal property<\/span>, and any right, title, interest, estate or claim in or to such property<\/span>.\n\t\t“State agency<\/span>” means any (i) department, agency or instrumentality of the Commonwealth; (ii) public authority, municipal corporation, local governmental unit or political subdivision of the Commonwealth or any department, agency or instrumentality thereof; (iii) person<\/span> who has the authority to acquire property<\/span> by eminent domain under state law<\/span>; or (iv) two or more of the aforementioned that carry out projects that cause persons<\/span> to be displaced.\n\t\t“State institution<\/span>” means any (i) institution enumerated in \u00a7 23.1-1100<\/a> or (ii) state hospital or state training center operated by the Department of Behavioral Health and Developmental Services.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 25.1-100)\n\nAs used in this title, unless the context requires a different meaning:\n\t\t“Appraisal” means a written statement independently and\nimpartially prepared by a qualified appraiser setting forth an opinion of\ndefined value of an adequately described property as of a specific date,\nsupported by the presentation and analysis of relevant market information.\n\t\t“Body determining just compensation” means a panel of\ncommissioners empaneled pursuant to \u00a7 25.1-227.2, jury selected pursuant to \u00a7\n25.1-229, or the court if neither a panel of commissioners nor a jury is\nappointed or empaneled.\n\t\t“Court” means the court having jurisdiction as provided in \u00a7\n25.1-201.\n\t\t“Date of valuation” means the time of the lawful taking by the\npetitioner, or the date of the filing of the petition pursuant to \u00a7 25.1-205,\nwhichever occurs first.\n\t\t“Freeholder” means any person owning an interest in land in fee,\nincluding a person owning a condominium unit.\n\t\t“Land” means real estate and all rights and appurtenances thereto,\ntogether with the structures and other improvements thereon, and any right,\ntitle, interest, estate or claim in or to real estate.\n\t\t“Locality” or “local government” means a county, city,\nor town, as the context may require.\n\t\t“Lost access” means a change of vehicular or pedestrian access to\nproperty that is caused by a public use project for which the eminent domain\npower has been exercised against the property and which results in a diminution\nin the value of the property.\n\t\t“Lost profits” means a loss of profits or expected profits\nsuffered by a business or farm operation as a result of a taking or damaging of\nthe property on which the business or farm operation is operated for a period\nnot to exceed three years from the later of (i) the date of valuation or (ii)\nthe date the state agency or its contractor prevents the owner from using the\nland or any of the owner’s other property rights are taken. The business\nor farm operation claiming lost profits is entitled to compensation whether part\nof the property or the entire parcel of property is taken or damaged, and bears\nthe burden of proving lost profits in accordance with the requirements of\nsubsection C of \u00a7 25.1-230.1.\n\t\t“Owner” means any person who owns property, provided that the\nperson’s ownership of the property is of record in the land records of the\nclerk’s office of the circuit court of the county or city where the\nproperty is located. The term “owner” shall not include trustees or\nbeneficiaries under a deed of trust, any person with a security interest in the\nproperty, or any person with a judgment or lien against the property. This\ndefinition of the term “owner” shall not affect in any way the\nvaluation of property.\n\t\t“Person” means any individual; firm; cooperative; association;\ncorporation; limited liability company; trust; business trust; syndicate;\npartnership; limited liability partnership; joint venture; receiver; trustee in\nbankruptcy or any other person acting in a fiduciary or representative capacity,\nwhether appointed by a court or otherwise; club, society or other group or\ncombination acting as a unit; the Commonwealth or any department, agency or\ninstrumentality thereof; any city, county, town, or other political subdivision\nor any department, agency or instrumentality thereof; or any interstate body to\nwhich the Commonwealth is a party.\n\t\t“Petitioner” or “condemnor” means any person who\npossesses the power to exercise the right of eminent domain and who seeks to\nexercise such power. The term “petitioner” or\n“condemnor” includes a state agency.\n\t\t“Property” means land and personal property, and any right, title,\ninterest, estate or claim in or to such property.\n\t\t“State agency” means any (i) department, agency or instrumentality\nof the Commonwealth; (ii) public authority, municipal corporation, local\ngovernmental unit or political subdivision of the Commonwealth or any\ndepartment, agency or instrumentality thereof; (iii) person who has the\nauthority to acquire property by eminent domain under state law; or (iv) two or\nmore of the aforementioned that carry out projects that cause persons to be\ndisplaced.\n\t\t“State institution” means any (i) institution enumerated in \u00a7\n23.1-1100 or (ii) state hospital or state training center operated by the\nDepartment of Behavioral Health and Developmental Services.\n\nHISTORY: 1962, c. 426, \u00a7 25-46.3; 1991, c. 520; 2000, c. 1029; 2002, c. 878;\n2003, c. 940; 2006, c. 586; 2009, cc. 813, 840; 2010, c. 835; 2011, cc. 117,\n190; 2012, cc. 476, 507, 699, 719; 2015, c. 642; 2017, c. 314; 2018, c. 702;\n2022, cc. 734, 735.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}