{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/25.1-230.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/25.1-230.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/25.1-230.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/25.1-230.1.html"}],"law_id":54209,"edition_id":1,"section_id":54209,"structure_id":13198,"section_number":"25.1-230.1","catch_line":"(See Editor’s Note) Lost access and lost profits","history":"2012, cc. 699, 719; 2015, c. 642; 2018, c. 702; 2019, c. 788; 2022, cc. 734, 735.","full_text":"A\n\nFor purposes of this section:\n\t\t\t“Business” shall have the same meaning as set forth in § 25.1-400.\n\t\t\t“Farm operation” shall have the same meaning as set forth in § 25.1-400.B\n\nThe body determining just compensation shall include in its determination of damage to the residue any loss in market value of the remaining property from lost access. The body determining just compensation shall ascertain any reduction in value for lost access, if any, that may accrue to the residue as provided in subsection A of § 25.1-230. The body determining just compensation shall ensure that any compensation awarded for lost access shall not be duplicated in the compensation otherwise awarded to the owner of the property taken or damaged.C\n\nThe body determining just compensation shall include in its determination of just compensation lost profits to the owner of a business or farm operation conducted on the property taken or damaged if the owner or the business or farm operation proves with reasonable certainty the amount of the loss and that the loss is directly and proximately caused by the taking or damaging of the property through the exercise of eminent domain and the following conditions are met:1\n\nThe loss cannot be reasonably prevented by a relocation of the business or farm operation, or by taking steps and adopting procedures that a reasonably prudent person would take and adopt;2\n\nThe loss will not be included in relocation assistance provided pursuant to Chapter 4 (§ 25.1-400 et seq.);3\n\nCompensation for the loss will not be duplicated in the compensation otherwise awarded to the owner of the property taken or damaged; and4\n\nThe loss shall be determined in accordance with generally accepted accounting principles applied on a consistent basis.D\n\nAny and all liability for lost access shall be established and made a part of the award of just compensation for damage to the residue of the property taken or damaged, and any and all liability for lost profits shall be set forth specifically in the award. In a partial acquisition, in the event that the owner of the property being condemned and the owner of the business or farm operation claiming lost profits are the same, then any enhancement or peculiar benefit shall be offset against both damage to the residue and lost profits.E\n\nIt shall not be a requirement of any bona fide effort to purchase the property pursuant to § 25.1-204 or 33.2-1001 that the petitioner include any liability for lost profits in a written offer to purchase the property.F\n\nIn any proceeding in which the owner of a business or farm operation seeks to recover lost profits, the owner shall provide the condemning authority with all federal income tax returns, if any, relating to the business or farm operation for which the owner seeks lost profits for a period of three years prior to the later of (i) the valuation date 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, and for each year thereafter during the pendency of the condemnation proceeding. The condemning authority shall not divulge the information provided pursuant to this subsection except in connection with the condemnation proceeding. Additionally, unless already named in the petition for condemnation, the owner of the business or farm operation may intervene in the proceeding by filing a motion to intervene accompanied by a petition for intervention setting forth the basis for the lost profits claim under this chapter. Proceedings to adjudicate lost profits may, upon motion of the owner of the business or farm operation, be bifurcated from the other proceedings to determine just compensation, but such bifurcation shall not prevent the entry of an order confirming indefeasible title to the land interests acquired by the condemning authority.G\n\nNothing in this section is intended to provide for compensation for inverse condemnation claims for lost profits or lost access for temporary interference with or interruption of a business or farm operation where the impact to the property is for a period of fewer than seven days.","order_by":null,"text":{"0":{"id":199066,"text":"For purposes of this section:\n\t\t\t“Business” shall have the same meaning as set forth in § 25.1-400.\n\t\t\t“Farm operation” shall have the same meaning as set forth in § 25.1-400.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":199067,"text":"The body determining just compensation shall include in its determination of damage to the residue any loss in market value of the remaining property from lost access. The body determining just compensation shall ascertain any reduction in value for lost access, if any, that may accrue to the residue as provided in subsection A of § 25.1-230. The body determining just compensation shall ensure that any compensation awarded for lost access shall not be duplicated in the compensation otherwise awarded to the owner of the property taken or damaged.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":199068,"text":"The body determining just compensation shall include in its determination of just compensation lost profits to the owner of a business or farm operation conducted on the property taken or damaged if the owner or the business or farm operation proves with reasonable certainty the amount of the loss and that the loss is directly and proximately caused by the taking or damaging of the property through the exercise of eminent domain and the following conditions are met:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":199069,"text":"The loss cannot be reasonably prevented by a relocation of the business or farm operation, or by taking steps and adopting procedures that a reasonably prudent person would take and adopt;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":199070,"text":"The loss will not be included in relocation assistance provided pursuant to Chapter 4 (§ 25.1-400 et seq.);","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":199071,"text":"Compensation for the loss will not be duplicated in the compensation otherwise awarded to the owner of the property taken or damaged; and","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"6":{"id":199072,"text":"The loss shall be determined in accordance with generally accepted accounting principles applied on a consistent basis.","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"D"},"7":{"id":199073,"text":"Any and all liability for lost access shall be established and made a part of the award of just compensation for damage to the residue of the property taken or damaged, and any and all liability for lost profits shall be set forth specifically in the award. In a partial acquisition, in the event that the owner of the property being condemned and the owner of the business or farm operation claiming lost profits are the same, then any enhancement or peculiar benefit shall be offset against both damage to the residue and lost profits.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C4","next_prefix":"E"},"8":{"id":199074,"text":"It shall not be a requirement of any bona fide effort to purchase the property pursuant to § 25.1-204 or 33.2-1001 that the petitioner include any liability for lost profits in a written offer to purchase the property.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"9":{"id":199075,"text":"In any proceeding in which the owner of a business or farm operation seeks to recover lost profits, the owner shall provide the condemning authority with all federal income tax returns, if any, relating to the business or farm operation for which the owner seeks lost profits for a period of three years prior to the later of (i) the valuation date 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, and for each year thereafter during the pendency of the condemnation proceeding. The condemning authority shall not divulge the information provided pursuant to this subsection except in connection with the condemnation proceeding. Additionally, unless already named in the petition for condemnation, the owner of the business or farm operation may intervene in the proceeding by filing a motion to intervene accompanied by a petition for intervention setting forth the basis for the lost profits claim under this chapter. Proceedings to adjudicate lost profits may, upon motion of the owner of the business or farm operation, be bifurcated from the other proceedings to determine just compensation, but such bifurcation shall not prevent the entry of an order confirming indefeasible title to the land interests acquired by the condemning authority.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"10":{"id":199076,"text":"Nothing in this section is intended to provide for compensation for inverse condemnation claims for lost profits or lost access for temporary interference with or interruption of a business or farm operation where the impact to the property is for a period of fewer than seven days.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":13198,"edition_id":1,"name":"Provisions Applicable to Determinations of Just Compensation","identifier":"6","label":"article","depth":3,"order_by":1,"parent_id":13197,"metadata":{},"date_created":"2026-06-26 03:44:26","date_modified":"2026-06-26 03:44:26","permalink":{"id":189677,"object_type":"structure","relational_id":13198,"identifier":"6","token":"25.1\/2\/6","url":"\/25.1\/2\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13197,"edition_id":1,"name":"Condemnation Procedures","identifier":"2","label":"chapter","depth":2,"order_by":1,"parent_id":13196,"metadata":{},"date_created":"2026-06-26 03:44:26","date_modified":"2026-06-26 03:44:26","permalink":{"id":189537,"object_type":"structure","relational_id":13197,"identifier":"2","token":"25.1\/2","url":"\/25.1\/2\/","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":84213,"structure_id":13198,"section_number":"25.1-230","catch_line":"Measure of just compensation; oaths of members of body determining just compensation","url":"\/25.1-230\/","token":"25.1\/2\/6\/25.1-230","metadata":false},{"id":54209,"structure_id":13198,"section_number":"25.1-230.1","catch_line":"(See Editor's Note) Lost access and lost profits","url":"\/25.1-230.1\/","token":"25.1\/2\/6\/25.1-230.1","metadata":false},{"id":73166,"structure_id":13198,"section_number":"25.1-231","catch_line":"View of property","url":"\/25.1-231\/","token":"25.1\/2\/6\/25.1-231","metadata":false},{"id":74875,"structure_id":13198,"section_number":"25.1-232","catch_line":"Testimony on issues; report on just compensation","url":"\/25.1-232\/","token":"25.1\/2\/6\/25.1-232","metadata":false},{"id":65942,"structure_id":13198,"section_number":"25.1-233","catch_line":"Confirmation of report; exceptions to report","url":"\/25.1-233\/","token":"25.1\/2\/6\/25.1-233","metadata":false},{"id":80563,"structure_id":13198,"section_number":"25.1-234","catch_line":"Participation by certain tenants in proceedings to determine just compensation","url":"\/25.1-234\/","token":"25.1\/2\/6\/25.1-234","metadata":false},{"id":63072,"structure_id":13198,"section_number":"25.1-235","catch_line":"Compensation of commissioners or jurors","url":"\/25.1-235\/","token":"25.1\/2\/6\/25.1-235","metadata":false},{"id":57787,"structure_id":13198,"section_number":"25.1-236","catch_line":"Contracts made part of report","url":"\/25.1-236\/","token":"25.1\/2\/6\/25.1-236","metadata":false}],"previous_section":{"id":84213,"structure_id":13198,"section_number":"25.1-230","catch_line":"Measure of just compensation; oaths of members of body determining just compensation","url":"\/25.1-230\/","token":"25.1\/2\/6\/25.1-230","metadata":false},"next_section":{"id":73166,"structure_id":13198,"section_number":"25.1-231","catch_line":"View of property","url":"\/25.1-231\/","token":"25.1\/2\/6\/25.1-231","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/25.1-230.1\/","history_text":"

This law was first created in 2012. The record of its establishment is cataloged in chapters 699<\/a> and 719<\/a> 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. It has been modified 4 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 2015, chapter 642<\/a>; in 2018, chapter 702<\/a>; in 2019, chapter 788<\/a>; in 2022, chapters 734<\/a> and 735<\/a>.<\/p>","references":[{"id":60011,"section_number":"25.1-100","catch_line":"Definitions","order_by":null,"url":"\/25.1-100\/"}],"refers_to":[{"id":64662,"section_number":"25.1-204","catch_line":"Effort to purchase required; prerequisite to effort to purchase or filing certificate","order_by":null,"url":"\/25.1-204\/"},{"id":84213,"section_number":"25.1-230","catch_line":"Measure of just compensation; oaths of members of body determining just compensation","order_by":null,"url":"\/25.1-230\/"},{"id":79365,"section_number":"25.1-400","catch_line":"Definitions","order_by":null,"url":"\/25.1-400\/"},{"id":68329,"section_number":"33.2-1001","catch_line":"Power to acquire lands, etc.; conveyance to municipality after acquisition; property owners to be informed and briefed","order_by":null,"url":"\/33.2-1001\/"}],"permalink":{"id":189683,"object_type":"law","relational_id":54209,"identifier":"25.1-230.1","token":"25.1\/2\/6\/25.1-230.1","url":"\/25.1-230.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/25.1-230.1\/","token":"25.1\/2\/6\/25.1-230.1","dublin_core":{"Title":"(See Editor’s Note) Lost access and lost profits","Type":"Text","Format":"text\/html","Identifier":"\u00a7 25.1-230.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For purposes of this section:\n\t\t\t“Business” shall have the same meaning as set forth in § 25.1-400<\/a>.\n\t\t\t“Farm operation” shall have the same meaning as set forth in § 25.1-400<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The body determining just compensation<\/span> shall include in its determination of damage to the residue any loss in market value of the remaining property<\/span> from lost access<\/span>. The body determining just compensation<\/span> shall ascertain any reduction in value for lost access<\/span>, if any, that may accrue to the residue as provided in subsection A of § 25.1-230<\/a>. The body determining just compensation<\/span> shall ensure that any compensation awarded for lost access<\/span> shall not be duplicated in the compensation otherwise awarded to the owner<\/span> of the property<\/span> taken or damaged. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The body determining just compensation<\/span> shall include in its determination of just compensation lost profits<\/span> to the owner<\/span> of a business or farm operation conducted on the property<\/span> taken or damaged if the owner<\/span> or the business or farm operation proves with reasonable certainty the amount of the loss and that the loss is directly and proximately caused by the taking or damaging of the property<\/span> through the exercise of eminent domain and the following conditions are met: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The loss cannot be reasonably prevented by a relocation of the business or farm operation, or by taking steps and adopting procedures that a reasonably prudent person<\/span> would take and adopt; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The loss will not be included in relocation assistance provided pursuant to Chapter 4 (§ 25.1-400<\/a> et seq.); <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Compensation for the loss will not be duplicated in the compensation otherwise awarded to the owner<\/span> of the property<\/span> taken or damaged; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The loss shall be determined in accordance with generally accepted accounting principles applied on a consistent basis. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any and all liability for lost access<\/span> shall be established and made a part of the award of just compensation for damage to the residue of the property<\/span> taken or damaged, and any and all liability for lost profits<\/span> shall be set forth specifically in the award. In a partial acquisition, in the event that the owner<\/span> of the property<\/span> being condemned and the owner<\/span> of the business or farm operation claiming lost profits<\/span> are the same, then any enhancement or peculiar benefit shall be offset against both damage to the residue and lost profits<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> It shall not be a requirement of any bona fide effort to purchase the property<\/span> pursuant to § 25.1-204<\/a> or 33.2-1001<\/a> that the petitioner<\/span> include any liability for lost profits<\/span> in a written offer to purchase the property<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> In any proceeding in which the owner<\/span> of a business or farm operation seeks to recover lost profits<\/span>, the owner<\/span> shall provide the condemning authority with all federal income tax returns, if any, relating to the business or farm operation for which the owner<\/span> seeks lost profits<\/span> for a period of three years prior to the later of (i) the valuation date 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, and for each year thereafter during the pendency of the condemnation proceeding. The condemning authority shall not divulge the information provided pursuant to this subsection except in connection with the condemnation proceeding. Additionally, unless already named in the petition<\/span> for condemnation, the owner<\/span> of the business or farm operation may intervene in the proceeding by filing a motion<\/span> to intervene accompanied by a petition<\/span> for intervention setting forth the basis for the lost profits<\/span> claim under this chapter. Proceedings to adjudicate<\/span> lost profits<\/span> may, upon motion<\/span> of the owner<\/span> of the business or farm operation, be bifurcated from the other proceedings to determine just compensation, but such bifurcation shall not prevent the entry of an order<\/span> confirming indefeasible title to the land<\/span> interests acquired by the condemning authority. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Nothing in this section is intended to provide for compensation for inverse condemnation claims for lost profits<\/span> or lost access<\/span> for temporary interference with or interruption of a business or farm operation where the impact to the property<\/span> is for a period of fewer than seven days. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n(SEE EDITOR’S NOTE) LOST ACCESS AND LOST PROFITS (\u00a7 25.1-230.1)\n\nA. For purposes of this section:\n\t\t\t“Business” shall have the same meaning as set forth in §\n25.1-400.\n\t\t\t“Farm operation” shall have the same meaning as set forth in\n§ 25.1-400.\n\nB. The body determining just compensation shall include in its determination of\ndamage to the residue any loss in market value of the remaining property from\nlost access. The body determining just compensation shall ascertain any\nreduction in value for lost access, if any, that may accrue to the residue as\nprovided in subsection A of § 25.1-230. The body determining just\ncompensation shall ensure that any compensation awarded for lost access shall\nnot be duplicated in the compensation otherwise awarded to the owner of the\nproperty taken or damaged.\n\nC. The body determining just compensation shall include in its determination of\njust compensation lost profits to the owner of a business or farm operation\nconducted on the property taken or damaged if the owner or the business or farm\noperation proves with reasonable certainty the amount of the loss and that the\nloss is directly and proximately caused by the taking or damaging of the\nproperty through the exercise of eminent domain and the following conditions are\nmet:\n\n 1. The loss cannot be reasonably prevented by a relocation of the business or\n farm operation, or by taking steps and adopting procedures that a reasonably\n prudent person would take and adopt;\n\n 2. The loss will not be included in relocation assistance provided pursuant to\n Chapter 4 (§ 25.1-400 et seq.);\n\n 3. Compensation for the loss will not be duplicated in the compensation\n otherwise awarded to the owner of the property taken or damaged; and\n\n 4. The loss shall be determined in accordance with generally accepted\n accounting principles applied on a consistent basis.\n\nD. Any and all liability for lost access shall be established and made a part of\nthe award of just compensation for damage to the residue of the property taken\nor damaged, and any and all liability for lost profits shall be set forth\nspecifically in the award. In a partial acquisition, in the event that the owner\nof the property being condemned and the owner of the business or farm operation\nclaiming lost profits are the same, then any enhancement or peculiar benefit\nshall be offset against both damage to the residue and lost profits.\n\nE. It shall not be a requirement of any bona fide effort to purchase the\nproperty pursuant to § 25.1-204 or 33.2-1001 that the petitioner include\nany liability for lost profits in a written offer to purchase the property.\n\nF. In any proceeding in which the owner of a business or farm operation seeks to\nrecover lost profits, the owner shall provide the condemning authority with all\nfederal income tax returns, if any, relating to the business or farm operation\nfor which the owner seeks lost profits for a period of three years prior to the\nlater of (i) the valuation date or (ii) the date the state agency or its\ncontractor prevents the owner from using the land or any of the owner’s\nother property rights are taken, and for each year thereafter during the\npendency of the condemnation proceeding. The condemning authority shall not\ndivulge the information provided pursuant to this subsection except in\nconnection with the condemnation proceeding. Additionally, unless already named\nin the petition for condemnation, the owner of the business or farm operation\nmay intervene in the proceeding by filing a motion to intervene accompanied by a\npetition for intervention setting forth the basis for the lost profits claim\nunder this chapter. Proceedings to adjudicate lost profits may, upon motion of\nthe owner of the business or farm operation, be bifurcated from the other\nproceedings to determine just compensation, but such bifurcation shall not\nprevent the entry of an order confirming indefeasible title to the land\ninterests acquired by the condemning authority.\n\nG. Nothing in this section is intended to provide for compensation for inverse\ncondemnation claims for lost profits or lost access for temporary interference\nwith or interruption of a business or farm operation where the impact to the\nproperty is for a period of fewer than seven days.\n\nHISTORY: 2012, cc. 699, 719; 2015, c. 642; 2018, c. 702; 2019, c. 788; 2022, cc.\n734, 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}}