Understanding Recent Changes to Virginia Eminent Domain Law

As the 2026 General Assembly session progresses, it is important to understand how changes made in 2025 to Virginia’s eminent domain laws are impacting current condemnation proceedings. While characterized as procedural changes, ostensibly to streamline process and provide clearer information to property owners, the amended laws compress condemnation schedules and create potential pitfalls for condemning authorities. Below are some key changes. 

1. Enhanced Certificate Requirements

Certificates must now contain more detail about the property interests being acquired:

• A description of the property and rights being taken or damaged
• For easements, a description of the rights and purposes for which the easement is being acquired
• A plat, drawing, or plan that includes specifications, elevations, and grade changes, such that property owners can be reasonably informed of the nature, extent, and effect of such taking
• The size of the fee and/or easements, including the overlapping and non-overlapping areas for co-located easements
• The public use project for which the property is being acquired

 (§ 25.1-307; § 33.2-1022)

Curiously, there is no exemption for total takes.

Practical Complications

The new requirements are cumbersome and potentially require additional survey work. The statute may also restrict the condemnor in certain circumstances:

• Design-Build Projects: If there is insufficient project data to ascertain property impacts at the Certificate stage, the condemnor may be unable to proceed.
• Federally Permitted Projects: The new requirements may create a catch-22 for condemnors. Federal permitting agencies typically require property ownership before issuing permits but often request design changes during the review process. Under the amended statute, condemning authorities cannot acquire property by Certificate without finalized plans, but they cannot finalize plans without the permit that requires property ownership.
• Future maintenance and upgrading systems: Careful legal drafting is necessary to ensure the rights acquired by Certificate will not be limited by the plan sheet attached to the Certificate. For example, if the plan sheet called for a 12” pipe, but in the future, circumstances necessitate a 14” pipe, the original Certificate language could restrict the authority’s rights.
• Administrative challenges: Some Clerks may not have the ability to record large plan sheets, creating logistical obstacles to completing acquisitions.

2. Title Documentation Requirements Clarified and Expanded

The 2022 amendments required that the title report be a 60-year title and required that title documents be provided to the owner with the offer. It was unclear what documents needed to be provided: all documents from the 60-year search, or only documents affecting the current title and pertinent to the current owner. The 2025 amendment confirms that condemnors must only provide a copy of the recorded instruments identified in the title report.

However, the amendment also broadened the scope of this requirement. Previously, it only applied to the acquisition of fee simple interests. The section now applies to the acquisition of any permanent interests.

(§ 25.1-204(D))

3. Shortened Timeframe to File Condemnation Petitions

A condemnor must now institute condemnation proceedings within 100 days of the Certificate recordation. Previously, the condemnor had 180 days post-Certificate in which to file Petition. This period was often helpful as cases transferred from Public Works to the legal department, or for condemnors that desired to hire outside counsel once Certificate had been filed. Additionally, the longer time frame permitted condemning authorities to meet with the property owner or to evaluate landowner requests for design changes. However, the revised statute does provide an option for a delay if both parties agree in writing.

This new timeframe is also reflected in petitions by the owner, allowing filing by the landowner after 100 days of Certificate recordation.

(§ 25.1-313; § 25.1-318; § 33.2-1025; § 33.2-1029.1)

4. Modified Interest Calculations

Interest is now assessed at judgment rate, compounded daily. While this is a smaller change for quick take cases, it may significantly increase costs in slow take cases where interest previously accrued at the lower general account’s primary liquidity portfolio rate.

(§ 25.1-244; § 25.1-315; § 33.2-1023; § 33.2-1026)

Additional Amendments

Other changes of a more technical nature also took effect in 2025:

• Inverse condemnation: Clarifies that a court can determine just compensation for the second phase of an inverse condemnation case (§ 8.01-187).
• Tenant participation: Corrects an incorrect internal reference for the intervention of tenants in proceedings (§ 25.1-234).
• VDOT/Commissioner Notice Requirements Adds a 30-45 day notice requirement for VDOT/Commissioner cases (§ 33.2-1020).

Key Takeaways for Condemning Authorities

The 2025 amendments demand immediate attention to avoid procedural missteps:

• Plan Ahead for Certificate Preparation: Budget additional time and resources for the enhanced mapping, surveying, and title documentation now required. Engage design and legal teams early, particularly for design-build or federally permitted projects where design specifications may be in flux.
• Accelerate Post-Certificate Timelines: With only 100 days to file petitions (down from 180), establish internal protocols to expedite case transfers, counsel retention, and settlement negotiations. Consider whether written extensions with property owners are feasible for complex cases.
• Review Easement Language Carefully: Draft the descriptions of property rights and easement purposes broadly enough to accommodate future system modifications without being constrained by project plan sheets.
• Anticipate Higher Interest Costs: The shift to judgment-rate interest compounded daily increases the financial stakes, particularly in slow-take cases. Factor this into project budgets.
• Coordinate with Clerks' Offices: Confirm in advance that your local Clerk can accept and record large-format plan sheets to avoid last-minute complications. If scanning options are less than ideal, it is helpful to have an entire set of project plans available, and incorporate that by reference in the Certificate as well.

The legislative session seems to inevitably create challenges for the unwary. The Eminent Domain team at Sands Anderson is here to help. Our team will be tracking the 2026 legislative session and will provide continued analysis.

If you have any questions, please contact one of our Eminent Domain Attorneys.

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