1.1 Constitutional Requirements

• Library: Eminent Domain Law in Virginia (Virginia CLE) (2017 Ed.)

1.1 CONSTITUTIONAL REQUIREMENTS

1.101 United States Constitution. The Fifth Amendment to the Constitution of the United States provides in part: "No person shall be . . . deprived of . . . property, without due process of law; nor shall private property be taken for public use, without just compensation."

The Fourteenth Amendment also provides in part: "[N]or shall any state deprive any person of . . . property, without due process of law . . . ."

Some commentators have suggested that "just" compensation should include a much broader concept than "fair market value," encompassing loss of goodwill and other subjective values related to property. ²

1.102 Virginia Constitution. Article I, Section 11 of the Virginia Constitution states, in part: "No person shall be deprived of his . . . property without due process of law . . . the General Assembly shall not pass any law . . . whereby private property shall be taken or damaged for public uses, without just compensation, the term 'public uses' to be defined by the General Assembly . . . ."

In 2012 the Virginia Constitution was amended by adding language to Article I, Section...