Eminent Domain Services

Eminent Domain Services: Safeguarding Your Virginia Property Rights

“When the government or a utility company directly impacts your real estate for the benefit of the public – say for road expansion, infrastructure improvement, or construction – you need a strong legal partner to protect your rights and help you collect fair compensation. At Joseph V. Sherman, P.C., our law firm secures eminent domain results for property owners, businesses, and investors across Virginia. Our experienced attorneys provide full-bore representation including advice, negotiation, and litigation to make sure clients are heard, involved, and taken care of throughout the entire process.”

What is Eminent Domain in Virginia?

“Eminent domain refers to the legal power of government entities or some utility companies to take property from private owners for public use, such as for a highway expansion, a new school, utilities construction, or another type of redevelopment project. Although the project itself seems to benefit the public, property owners frequently suffer as their rights are diminished and their properties are taken during the process of condemnation.

The law in Virginia provides that property owners are entitled to just compensation for their land, buildings, and/or business losses due to this condemnation process. The requirements of this process are technical in nature and can be very challenging, if not impossible, without appropriate legal assistance. Joseph V. Sherman, P.C., advocates for property owners so that your interests are adequately safeguarded.”

Our Process: Client-Centered, Results-Oriented Legal Advocacy

“No two eminent domain cases are the same. We represent individuals so every case is unique, even when the mechanism of condemnation is the same. Every case demands that we work with you to find a way through the law that is right for you. From the first day you call the law office of Joseph V. Sherman, P.C., you’ll receive honest, unvarnished legal advice designed to explain your options while saving you time.

We are eminently qualified in eminent domain. Principal attorney Joseph V. Sherman has been named a “Rising Star” by Super Lawyers while being named by Coastal Virginia as “Top Lawyer” in eminent domain.

Our reputation is based on integrity, responsiveness, and our singular drive to produce the best result for every client – homeowner, business owner, investor, or farmer.

We take the mystery out of the law, give you control, and fight to win what you are entitled to.”

Joseph V. Sherman, P.C. offers total eminent domain legal assistance to property owners throughout Virginia:

Legal advice and analysis. We review your situation, explain your rights, and advise you how best to respond – often in a free phone consultation.
Negotiation and settlement. We negotiate with the condemning authority and advocate for your maximum compensation by drawing upon valuation specialists, engineers, and appraisers as needed.
Litigation and court action. If a fair value cannot be reached in negotiations, we are ready to litigate your case in court and protect your interests.
Damages claims. We seek not only compensation for the land taken, but also for lost business income, reduced property value, or negative impact on the remainder of your property.
Relocation assistance for tenants and businesses. Where properties are taken from businesses or tenants, we secure relocation assistance under state law to cover moving expenses and pay them for installation of property on a new site or other reasonable replacement costs.
Easements and partial takings. We effectively represent property owners in partial takings and easement claims where only part of a property is acquired.

The Joseph V. Sherman, P.C. Advantage

Choosing the right firm can ensure a positive outcome in an eminent domain case. Joseph V. Sherman, P.C. brings the following advantages to the table:

Focus – As a firm devoted solely to property rights condemnation and real estate litigation issues, we have the knowledge to handle your case.
Credentials – Founder Joseph V. Sherman has earned numerous “Rising Star” and “Top Lawyer” awards substantiating his legal expertise and professionalism.
Communication – We treat our clients like family and provide no-nonsense advice. You will never be left wondering about the progress of your case or what your options are.
Results – Hundreds of satisfied clients including residents, commercial property owners, farms, and corporations facing complex property rights and related matters have trusted in us to help them reach their goals.
Reach – Joseph V. Sherman, P.C. is based in Norfolk but we have successfully represented clients all over our Commonwealth from city to country.
Free Phone Consultation – We offer your free first phone consultation with no obligation.

DC-Eminent Domain Process: Step by Step

When a property is scheduled to be taken by eminent domain (or condemnation), the process usually begins with written notice from a public agency. The property owner will usually receive an appraisal, an offer to buy the property, and, if settlement is not reached, the filing of a condemnation lawsuit. The important stages of this process are:

Notice and contact: We examine all notice and correspondence, and help you protect your rights from the beginning.
Appraisal review and counter offer: We review the government’s appraisal, and if possible, obtain independent appraisals to combat low government offers.
Negotiation: We attempt to resolve your matter quickly, and maximize compensation without delays.
Litigation: If necessary, we argue your case in court and prepare expert testimony and other evidence on your behalf.
Post-taking: We assist with any remaining issues, such as relocation assistance, business losses, or restoration of remaining property.

Throughout each stage of the process, we keep you updated and informed so you can make educated decisions.

Who We Assist: Homeowner, Business Owner, Investors & More

We represent owners of residential property, family farms, commercial tracts, businesses engaged in retail and industry, as well as property investors and tenants forced from properties as a result of public projects. We have the experience to represent your interests whether you are facing a complete taking of property, a partial condemnation, or the acquisition of an easement.

We also represent clients in zoning enforcement cases, conditional use permit proceedings, real estate valuation disputes, and transactional matters where property rights are implicated. If your real estate or business is threatened as a result of government action, Joseph V. Sherman, P.C. is here for you.

Frequently Asked Questions: Eminent Domain in Virginia

Q: What is just compensation?
A: Just compensation is the value of your property on the market, plus any damages to the remainder of your property or business income as determined by law. We aim to make sure you get every dollar you deserve.
Q: Do I have to accept the government’s offer?
A: No. You are under NO obligation to accept an offer, which is typically well below market value. Our firm can help you fight back against lowball offers and begin negotiating from a position of strength.
Q: What are your fees?
A: We offer free initial consultations and we set up a fee arrangement once we understand the scope and complexity of your case. Fee arrangements are up front and transparent.
Q: What if only part of my property is taken?
A: Partial takings and easements don’t mean less impact. We pursue compensation for both the land the government seeks to take, AND the reduction in value to the remainder.

Get Started: Complimentary Eminent Domain Consultation

If you received a condemnation notice or have questions about your property rights, do not wait until the last minute – getting ahead early is important. Contact Joseph V. Sherman, P.C. for a consultation on litigation related to property rights – free of charge. Call (757) 350-8308 to discuss all of the details surrounding the circumstances and receive a candid and direct opinion from a Virginia property rights lawyer. Our law firm can be easily found at 324 W. Freemason Street, Norfolk VA 23510. Clients from Virginia can come to our office location. Office hours are Monday through Friday, 9:00AM to 5:00PM.

Measure twice and cut once – hire a lawyer who clearly understands and works with complicated property law. Let us put our acquired knowledge to work for you.