| What You Can Do ! |
| Contact Senators and Delegates Click this link to find your Legislator |
Call, write, or visit your legislators and urge them to support and/or sponsor legislation that assures
Virginians fair treatment and "just compensation" when their property is taken for projects that will
benefit the whole. Though guaranteed by the Virginia Constitution and the United States
Constitution, in practice this does not always take place. Compensation should be sufficient to
restore property owners to the same position after their land is taken that they enjoyed prior to the
taking. Remind your legislator that those who "lose their hard earned land to a condemnor have
done nothing wrong" and that if the government needs their property for the good of society, it is the
governments responsibility to be sure that Virginia Law treats them fairly.
In seventeen states the law addresses this issue, requiring the condemnor to "reimburse property
owner litigation expenses" if the property owner prevails in court and proves that the offer received
from the condemnor was not fair. Passage of similar legislation in Virginia would allow owners,
who are forced into court because of a low offer, to keep the full amount awarded by the court. This
does not happen under our current system because attorney fees and other fees can take up to 45%
of any benefit gained by going to court. In addition to assuring property owners the full amount
awarded by the court, "litigation reimbursement" legislation would encourage condemnors to offer a
more fair price initially which could result in less litigation.
Many Virginia Legislators are not aware of the current injustices that exist in Virginia's eminent
domain system and their education must be a priority if "litigation reimbursement legislation" is to
pass the General Assembly.
Virginians fair treatment and "just compensation" when their property is taken for projects that will
benefit the whole. Though guaranteed by the Virginia Constitution and the United States
Constitution, in practice this does not always take place. Compensation should be sufficient to
restore property owners to the same position after their land is taken that they enjoyed prior to the
taking. Remind your legislator that those who "lose their hard earned land to a condemnor have
done nothing wrong" and that if the government needs their property for the good of society, it is the
governments responsibility to be sure that Virginia Law treats them fairly.
In seventeen states the law addresses this issue, requiring the condemnor to "reimburse property
owner litigation expenses" if the property owner prevails in court and proves that the offer received
from the condemnor was not fair. Passage of similar legislation in Virginia would allow owners,
who are forced into court because of a low offer, to keep the full amount awarded by the court. This
does not happen under our current system because attorney fees and other fees can take up to 45%
of any benefit gained by going to court. In addition to assuring property owners the full amount
awarded by the court, "litigation reimbursement" legislation would encourage condemnors to offer a
more fair price initially which could result in less litigation.
Many Virginia Legislators are not aware of the current injustices that exist in Virginia's eminent
domain system and their education must be a priority if "litigation reimbursement legislation" is to
pass the General Assembly.
It is also Important to Contact: The Governor and Attorney General Click for link to Contact Information |
Governor Kain must sign all bills so it is imperative that he be made aware of
the unfairness that exists in Virginia and be asked to work for and support
eminent domain reform. Occupying the top legal position in the state, Attorney
General Jadgmann's support is also essential for changes to the law of
this.significance.
the unfairness that exists in Virginia and be asked to work for and support
eminent domain reform. Occupying the top legal position in the state, Attorney
General Jadgmann's support is also essential for changes to the law of
this.significance.
| Local Government |
Contact your Local and County Governments and ask them to petition the
General Assembly and the Governor to make Virginia's Eminent Domain
Law more fair.
General Assembly and the Governor to make Virginia's Eminent Domain
Law more fair.
| Write Letters to the Editor |
Write and have other property owners write your local paper supporting
"reimbursement of property owner litigation expenses" as the single change
to Virginia's Eminent Domain Law that will "level the playing field" for property
owners facing condemnation. In the letter ask all citizens to contact elected
representatives and ask "Why Virginia's Eminent Domain Law does not
provide the same property owner protections found in the laws of eighteen
other states. other states?"
"reimbursement of property owner litigation expenses" as the single change
to Virginia's Eminent Domain Law that will "level the playing field" for property
owners facing condemnation. In the letter ask all citizens to contact elected
representatives and ask "Why Virginia's Eminent Domain Law does not
provide the same property owner protections found in the laws of eighteen
other states. other states?"
| For information about the Laws of other States, see: More Just Laws Click for link For Information about states that require condemnors to pay litigation reimbursement Litigation Reimbursement Statutes Click for Link |
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