Eminent Domain & Condemnation Attorneys in Northern Virginia
Do Not Take the First Offer
If a government or utility is moving to take your property, the opening offer is rarely the full measure of what you are owed. Virginia law entitles you to just compensation and puts real limits on the power. We represent property owners across Northern Virginia.
✓ We Represent Owners
✓ Leesburg & Fairfax
✓ Fight for Full Value
What Virginia Law Gives You
The Power Has Limits, and You Have Rights
Public Use Only
A taking must be for genuine public use, not private gain, jobs, tax revenue, or economic development
Full Compensation
You are owed the property’s value plus damages to the residue, lost access, and lost profits
Burden on Them
The condemnor must prove the use is public, with no presumption in its favor
Sources: Constitution of Virginia, Article I, Section 11 (public-use limits, condemnor’s burden, and just-compensation components, as amended effective 2013); Code of Virginia § 1-219.1 (definition of public uses), § 25.1-204 (bona fide effort to purchase required), and § 25.1-230 (measure of just compensation).
Virginia has some of the strongest property-owner protections in the country, strengthened by a constitutional amendment the voters approved in 2012. The government can still build its roads and schools, but it cannot take more than it needs, it cannot take for private benefit, and it has to pay you the full, fair measure of your loss. Those rules exist to be used.
The Opening Offer Is a Starting Point
When a highway department, a city or county, or a utility or pipeline company decides it needs your land, it will make an offer. That offer is based on the condemnor’s own appraisal, and it is rarely the last word on what your property is truly worth, especially when a partial taking hurts the value of everything you keep. Accepting too quickly can leave real money on the table.
We represent property owners, never the condemning authority. That means fighting for the full value of what is taken and the damage to what remains, questioning whether the taking is really for a public use or larger than necessary, and pursuing payment when the government has damaged or effectively taken your property without filing anything. Because these takings often ride on easements and rights of way, and overlap with zoning and land use, we look at the whole picture.
Schedule a ConsultationWhere We Come In
- ✓ A highway department, locality, or utility has notified you of a taking
- ✓ The compensation offered is far below what your property is worth
- ✓ Only part of your land is being taken and the rest will lose value
- ✓ You are losing access or frontage that your business depends on
- ✓ The government has damaged or effectively taken your property without paying
- ✓ You question whether the taking is really for a public use
What We Handle
Condemnation Matters We Handle
From the size of the check to the legitimacy of the taking, we press every point the law allows.
Just-Compensation Claims
Building the case, with independent appraisal, that the property is worth more than the condemnor offered, and pursuing the difference.
Partial Takings & Damage to the Residue
Recovering not just for the strip taken, but for the lost value of the land you keep when a project cuts through your property.
Lost Access & Lost Profits
Pursuing compensation for changes in access and, for a business or farm, lost profits the taking directly causes, where the law allows.
Public-Use & Scope Challenges
Testing whether the taking is truly for a public use and no larger than necessary, points on which the condemnor carries the burden.
Inverse Condemnation
Bringing claims when the government takes or damages your property without formal proceedings, where fees and costs may be recoverable.
Quick-Take & Deposit Issues
Advising when the government takes possession early by deposit, so you can access funds and still press for the full amount owed.
How the process is supposed to work
Before it can condemn, a Virginia authority must make a bona fide effort to buy the property, and generally must give you an appraisal, plan sheets showing exactly what is being taken, and a title report. If there is no agreement, it files a condemnation case, and just compensation is decided by a jury or a commission of local freeholders. That compensation is measured as the value of the property taken plus any damages to the residue, along with lost access and, in the right circumstances, lost profits, reduced by any special benefit the project brings to your remaining land. Under a quick-take, the government can take possession and start building before the amount is decided, but you can withdraw its deposit and still fight for more. And when the government damages or effectively takes property without ever filing, an inverse condemnation claim can force it to pay, sometimes along with your attorney fees and costs. Throughout, these statutes are strictly construed in the property owner’s favor.
Attorney Insight
“The thing I want every property owner to understand is that the first offer is a negotiating position, not a verdict. It comes from the condemnor’s appraiser, and it often overlooks the harm to the land you keep, the access you lose, and the way a taking hits a business. Virginia law is genuinely strong here, and it puts the burden on the government to justify the taking. I cannot promise a particular number, but I can make sure the full measure of your loss is actually on the table before you decide anything.”
Anthony I. Shin, Esq.
Founder, Shin Law Office
Common Questions
Answers Before You Call
The government offered me a price. Should I just take it?
Not before you understand what you are actually owed. The offer comes from the condemnor’s own appraisal and often misses damages to the land you keep, lost access, and business losses. An independent look at value frequently shows the property is worth more. You can negotiate or, if needed, let a jury or commission decide.
Can they really take my property?
For a genuine public use and with just compensation, yes. But Virginia law limits that power. The taking cannot be for private benefit or economic development, it cannot be larger than necessary, and the government carries the burden of proving the use is public. Those limits can be enforced.
They are only taking part of my land. What about the rest?
Damage to the part you keep, called the residue, is compensable. If a taking splits your parcel, removes frontage, or leaves an awkward remainder that is worth less, that lost value should be part of your compensation, offset only by any special benefit the project brings to your land.
A road project is hurting my business’s access. Is that compensable?
It can be. Virginia now allows compensation for lost access and, for a business or farm on the property, lost profits, when the requirements are met and the loss is directly caused by the taking. These claims have conditions and limits, so the facts of your situation matter. We can assess whether yours qualifies.
The government damaged my property but never filed anything. What can I do?
You may have an inverse condemnation claim. When the government takes or damages private property without formal condemnation, the owner can sue to be paid, and Virginia law allows recovery of reasonable attorney fees, court costs, and expert fees in some of these cases. We look at what happened to your property and whether such a claim fits.
Related Real Estate Services
Before You Sign, Know What You Are Owed
If a taking is on the table, or your property has already been damaged, talk to us before you accept anything. We represent owners, and we will make sure the full measure of your loss is in front of you. Serving Leesburg, Fairfax, and all of Northern Virginia.
Prefer to talk now? Reach Anthony I. Shin, Esq. at 571-445-6565.
Based in Loudoun County and serving clients across Virginia, Washington DC, and Maryland, we know that when everything’s on the line, the right attorney doesn’t just make a difference, they determine the outcome.
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Copyright © 2026 Shin Law Office, PLC. All rights reserved.
Copyright © 2026 Shin Law Office, PLC. All rights reserved.
Reproduction of any content on this site is prohibited except for individual, non-commercial, informational use. This limited permission does not allow modification, distribution, or incorporation of any content into other works or publications in any medium. You may not reproduce or distribute content from this site to any third party.