Waldo & Lyle Can Help
Protecting Farmland from Eminent Domain
Eminent domain is a complex issue for private corporations. From land acquisition to the proper evaluation of property values, corporations must be aware of the implications of a particular condemnation for their business.
The experienced attorneys at Waldo & Lyle are well-versed in the specific concerns that are relevant to corporations in Virginia facing condemnation litigation and can help navigate the complexities of any related proceedings.
How Waldo & Lyle Can Help Farmers
When Virginia farmland is taken by eminent domain, the owner is entitled to just compensation. Waldo & Lyle can help farmers ensure the best possible protection of their rights. We can assist in developing your case to ensure that all impacts of the proposed taking are considered in the valuation process. We routinely litigate and negotiate with the government to obtain just compensation for the property and ensure that any other factors, such as damage to existing crops or buildings, are recognized.
We enjoy the opportunity to support and advise farmers affected by eminent domain. This can include helping Virginia farmers understand their rights, obtain just compensation, or even find alternate solutions to help them stay on their land or preserve its utility. By having our experienced legal team on their side, farmers can protect their interests and ensure that they are protected throughout the eminent domain process.
An Overview of Eminent Domain & Farmers
Eminent domain is the power of the government or a public entity to take private property for public use, as long as just compensation is paid to the property owner. It is sometimes referred to as condemnation, expropriation, or appropriation. This power is generally exercised for the benefit of the public to build roads, schools, or other public works projects. In some cases, it may also be used by private utility companies for electrical transmission lines, natural gas pipelines and other linear projects.
How Does It Affect Farmers?
Eminent domain has a significant impact on farmers. The government may decide to take farmland for various reasons, including constructing roads, public utilities, and public parks.
Farmers may have their land taken without their consent. This can be devastating, as farmers rely on their land for livelihood and personal security. It is important that farmers seek counsel from eminent domain attorneys experienced in representing farmers in these types of cases. Farmers also need to consider how taking their land may affect the value of their other land and operations. For instance, if a field cannot be accessed or used the same way it was before the eminent domain, they may find that their property value decreases. If so, just compensation must be paid for the impact.
Our Success
Farmers: Success Story
The last thing that government or utility company engineers think about when they dismember a farm with power lines, highways, or pipelines is how the farmer’s work can be turned upside down, adding expense and loss of acreage. The highway departments and utility companies pay for the land they take but routinely fail to consider the damages caused. When the I-77 bridge over the New River was built in the 1960s, it cut a Wythe County farm below it in half.
The Virginia Department of Highways promised the family of Edd Jennings it would always keep open the access underneath the bridge so he could continue to move his farm vehicles and herds from one side to his fields on the other. Thirty years later, when the bridge was rebuilt, VDOT’s memory failed, denying it had ever made such a promise. Then, it dumped a 50-foot tall pile of construction spoils from the reconstruction under the bridge in Jennings’s path, cutting the farm in two and preventing livestock and equipment from crossing the farm. With a lot of detective work, Waldo & Lyle found the proof of the promise in writing on old maps. A judge ordered VDOT to live up to its commitments and to pay just compensation to the Jennings for the years of disruption to their farm operations.