Eminent Domain

Walsh Colucci’s eminent domain practice group protects the rights of property owners and businesses affected by public projects throughout Virginia.

The firm accepts eminent domain cases from property owners, businesses, and tenants, and has experience representing a diverse mix of clients — from Fortune 500 companies to families whose homes are threatened by eminent domain.

We assist clients at all stages of the eminent domain process.

During the design phase, when we review the project plans to identify impacts and negotiate plan changes when appropriate;
During the appraisal phase, when we engage in discussions with the condemning authority’s appraiser to ensure the client’s concerns about the project’s impacts are evaluated;
During the negotiation phase, when we review the condemning authority’s offer and advise our client on appropriate counteroffers;
During the litigation phase, when we work to ensure our client’s Constitutional right to just compensation is fulfilled through a settlement or a trial.

When you retain Walsh, Colucci, Lubeley & Walsh for your eminent domain matter, you are retaining a firm with experience not only in condemnation cases, but also in zoning, transactional, tax, and estate planning matters, thus ensuring you receive all the legal advice you need. Additionally, firm clients have access to licensed CPA and attorney Charles E. McWilliams, Jr., who assists clients in making lost profit claims, if available, and who provides guidance to clients seeking to defer federal tax liability through a 1033 exchange.

The firm’s experience also includes litigating regulatory taking cases, cases arising out of inverse condemnation actions, power transmission line cases before the Virginia State Corporation Commission, and natural gas transmission line cases before the Federal Energy Regulatory Commission.

Our objective is to handle eminent domain matters as efficiently and effectively as possible so our clients obtain the best possible outcome. We provide a free initial consultation.

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Case Results

Taking for Power Line
In Loudoun County

Initial Offer: $2,484,000
Settlement: $5,038,730

Taking of Wolf Trap Foundation
VDOT Taking

Initial Offer: $321,937
Jury Award: $603,000

VDOT Taking
In Prince William County

Initial Offer: $818,623
Settlement: $3,000,000

Taking of Fast Food Restaurant
In Fairfax County

Initial Offer: $1,550,000
Settlement: $2,800,000

VDOT Taking
In Frederick County

Initial Offer: $1,354,298
Settlement: $2,075,000

VDOT Taking
In Stafford County

Initial Offer: $4,500,100
Settlement: $5,100,400

Prince William County Taking
Road Widening

Initial Offer: $1,315,000
Settlement: $1,550,000

Natural Gas Pipeline
In Augusta County

Initial Offer: $83,512.50
Settlement: $230,000

VDOT Relocation Appeal
In Fairfax County

Initial RHP Offer: $141,500
Final RHP: $689,000

VDOT Taking
In Fauquier County

Initial Offer: $136,000
Jury Award: $212,000

Natural Gas Pipeline
In Fairfax County

Initial Offer: $40,000
Settlement: $180,000

Natural Gas Pipeline
In Buckingham County

Initial Offer: $44,660
Settlement: $200,000

Taking for Power Line
In Loudoun County

Initial Offer: $2,484,000
Settlement: $5,038,730

Taking of Wolf Trap Foundation
VDOT Taking

Initial Offer: $321,937
Jury Award: $603,000

VDOT Taking
In Prince William County

Initial Offer: $818,623
Settlement: $3,000,000

Taking of Fast Food Restaurant
In Fairfax County

Initial Offer: $1,550,000
Settlement: $2,800,000

VDOT Taking
In Frederick County

Initial Offer: $1,354,298
Settlement: $2,075,000

VDOT Taking
In Stafford County

Initial Offer: $4,500,100
Settlement: $5,100,400

Prince William County Taking
Road Widening

Initial Offer: $1,315,000
Settlement: $1,550,000

Natural Gas Pipeline
In Augusta County

Initial Offer: $83,512.50
Settlement: $230,000

VDOT Relocation Appeal
In Fairfax County

Initial RHP Offer: $141,500
Final RHP: $689,000

VDOT Taking
In Fauquier County

Initial Offer: $136,000
Jury Award: $212,000

Natural Gas Pipeline
In Fairfax County

Initial Offer: $40,000
Settlement: $180,000

Natural Gas Pipeline
In Buckingham County

Initial Offer: $44,660
Settlement: $200,000

Eminent Domain Frequently Asked Questions & Case Studies

The government wants to take my property. Can I do anything about it?

Property owners have a constitutional right to just compensation, and that taking must be for a public use, so yes, there is a lot you can do to increase the chances of a favorable result. You can ask for changes to the plans, you can discuss with the condemning agency the impact of the taking on your remaining property, you can negotiate for more compensation, and you can present your case at a trial if you cannot reach an acceptable agreement.

Can a business or farm recover lost profits?

In certain circumstances involving a taking of land in Virginia, yes, lost profits are recoverable for up to three years. The firm has been involved in drafting legislation that has strengthened the ability of businesses and farm operations to recover lost profits, and has resolved several lost profit claims since lost profits became recoverable in 2013.

If I have to relocate my home or business because of the taking, am I entitled to additional compensation?

A homeowner or business owner that must be relocated because of a taking is entitled to relocation benefits, which can include payments for moving expenses and payments to adapt the new location to the needs of the homeowner or business. Homeowners can also receive an additional Relocation Housing Payment when the market value of replacement housing is more than the market value of the existing housing.

Do I need an attorney to help me with my eminent domain issue?

It is entirely up to the affected property owner, tenant, business owner or farm owner whether to retain an attorney. We strive to obtain results for our clients that they could not obtain without our services, expertise, and relationships.

What fees does the firm charge?

Typically, the firm handles cases on a contingency fee basis, where our fee is 1/3 of the difference between the initial written offer and the final settlement amount or court award. Under this arrangement, the client retains the initial amount offered, and the firm’s fee is paid at the end of the matter from the additional compensation paid. We also handle cases on an hourly basis, and we discuss with our potential clients what fee arrangement is the most appropriate for the case.

Does the firm charge for an initial consultation?

We offer a free consultation, either in person or on the phone. During this consultation, we will evaluate the merits of the case and also discuss the appropriate fee arrangement.

Walsh Colucci’s eminent domain practice group protects the rights of property owners and businesses affected by public projects throughout Virginia.

Case Results

Eminent Domain Frequently Asked Questions & Case Studies

Eminent Domain

Settlement for a Shopping Center

Eminent Domain

VDOT v. Wolf Trap Foundation for the Performing Arts, Inc.

Eminent Domain

Walsh Colucci’s eminent domain practice group protects the rights of property owners and businesses affected by public projects throughout Virginia.

Case Results

Eminent Domain Frequently Asked Questions & Case Studies

Eminent Domain

Settlement for a Shopping Center

Eminent Domain

VDOT v. Wolf Trap Foundation for the Performing Arts, Inc.

Contact our Eminent Domain Professionals

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