Several changes to Virginia eminent domain law are now in effect following the General Assembly’s 2025 reform package. Most provisions took effect July 1, 2025, while certain requirements – such as the updated title production requirements – apply to offers made on or after January 1, 2026. Those statutory changes are already affecting acquisition timing, disclosure obligations, and cost exposure, while recent decisions from the Virginia Supreme Court and the Fourth Circuit continue to refine the limits of condemnation authority and valuation evidence.
This update highlights what is now operative, how the courts are influencing condemnation practice, and the legislative issues to watch as the 2026 session continues. For background on the 2025 reforms themselves, see Understanding Recent Changes to Virginia Eminent Domain Law (link).
1. Title Production Changes Under SB 1158 Apply to January 1, 2026 Offers
Many of the 2025 reforms took effect July 1, 2025. However, the amendment to the title production requirements in § 25.1-204(D) was written to apply to offers made on or after January 1, 2026. Practically, this update tightens acquisition schedules and increases the likelihood of avoidable missteps for condemning authorities.
Change to title production requirements (§ 25.1‑204(D))
Earlier amendments tied offers to a 60‑year title review and required delivery of title materials to the owner. What remained fuzzy was the scope of that delivery obligation: did the owner get a curated set of “relevant” instruments, or the full set of recorded instruments pulled in the title search?
That question is now resolved. Condemnors must provide all recorded instruments identified in the report which should limit itself to matters “that affect the current ownership, existing liens, encumbrances, and other matters affecting title as of the date of the title report.” So, a recorded instrument that has no bearing on the current ownership or status of title of the property need not be in the report and, then, need not be produced. In addition, this duty is no longer limited to fee simple acquisitions. It now extends to permanent interests, including permanent easements, which expands the reach of this requirement in routine right‑of‑way matters.
Dispute resolution orientation requirement removed
Virginia has repealed § 25.1‑205.1, which eliminates the dispute resolution orientation session requirement in eminent domain cases. While these sessions often functioned as a procedural waypoint, their removal further speeds up an already accelerated condemnation calendar.
- Interest now follows the judgment rate and compounds daily (§§ 25.1‑244; 25.1‑315; 33.2‑1023; 33.2‑1026)
Interest is now calculated at the judgment rate and compounds daily. In quick‑take matters that move efficiently, the difference may not be dramatic. In slow‑take matters or cases with extended litigation, daily compounding can materially increase the landowner’s recovery and raise the cost of delay for the condemning authority.
The practical message is straightforward: timelines and litigation posture now directly affect exposure in a way they often did not under prior interest calculations, particularly where rates were typically below one percent.
- Shorter deadline to file a petition (100 days) (§§ 25.1‑313; 25.1‑318; 33.2‑1025; 33.2‑1029.1)
Condemnors now have 100 days to initiate condemnation proceedings after recordation of the Certificate. The former 180‑day window is gone. This change removes what many agencies used as a practical buffer to move a project internally, retain counsel, meet with owners, and evaluate owner‑requested design shifts.
The statute also allows a landowner to file a petition after 100 days of entry or recordation of the Certificate. Most importantly, missing the deadline can create real fee risk: attorney’s fees and costs may be recoverable under § 25.1‑318 if the condemning authority does not file on time. Extensions remain possible by written agreement, but that option requires deliberate tracking and careful documentation.
A potential upside is reduced interest accrual because cases should move sooner, but that benefit may be muted by the new daily compounding method described above.
- Certificates must include more detail (§§ 25.1‑307; 33.2‑1022)
Certificates now require:
- A description of the property and the rights being taken or damaged
- For easements, an explanation of the easement rights and the purpose for which the easement is being acquired
- A plat, drawing, or plan that includes specifications, elevations, and grade changes (if any), sufficient to reasonably inform the owner about the nature, extent, and effect of the taking
- The size of fee interests and easements, including identification of overlapping and non‑overlapping areas for co‑located easements
- Identification of the public use project tied to the acquisition
One practical complication is that the statute does not carve out an exception for total takes, which raises questions about how much of this detail is expected when an entire parcel is acquired. The increased specificity may also drive more survey work and more drafting time on the front end.
2. Other Statutory Updates Now in Effect
A handful of additional changes are now operative and worth keeping on your checklist:
- Commissioner notice timing (§ 33.2‑1020)
The Commissioner must now provide 30–45 days’ notice before filing a Certificate. This aligns the statutory timeline more closely with local practice.
- Inverse condemnation clarification (§ 8.01‑187)
The statute clarifies that a court may determine just compensation in the second phase of an inverse condemnation case.
- Tenant participation reference fix (§ 25.1‑234)
A longstanding internal reference error was corrected regarding tenant intervention.
3. Virginia Supreme Court: Norfolk Southern Railway Co. v. SCC
In Norfolk Southern Railway Co. v. State Corporation Commission, the Virginia Supreme Court invalidated a statute that would have allowed private broadband providers to place fiber optic cables across railroad property through eminent domain.
The Court held the statute violated Article I, Section 11 of the Virginia Constitution because it improperly removed the condemnor’s burden to prove public use. The decision reinforces a key distinction under Virginia’s post‑Kelo constitutional framework: a “public benefit” is not the same thing as a “public use.”
Practical takeaway: Eminent domain power in Virginia remains limited to government entities and certain public service entities. A private commercial business cannot condemn property simply because its project may produce incidental public benefits. The Court’s reasoning aligns with the strong property-rights protections added through Virginia’s 2012 constitutional amendment.
4. Fourth Circuit Decisions: Mountain Valley Pipeline Cases
Two Fourth Circuit opinions issued in January 2025 continue to matter in Virginia condemnation practice in federal court.
In Mountain Valley Pipeline, LLC v. 9.89 Acres of Land, the Fourth Circuit held that Federal Rule of Civil Procedure 71.1(h) does not alter the Federal Rules of Evidence in condemnation proceedings. The court rejected a heightened evidentiary standard used by the district court and noted there is a circuit split that may eventually draw Supreme Court attention.
In Mountain Valley Pipeline, LLC v. 0.32 Acres of Land, the court reaffirmed that landowners are generally qualified to offer opinion testimony about their property’s value. That testimony is typically admissible as lay opinion under Rule 701, and disputes over comparability usually go to weight, not admissibility.
5. Looking Ahead: 2026 Bills to Watch
Based on recent patterns, eminent domain‑related proposals in the 2026 session may include topics such as:
- How compensation is handled when conservation easements are condemned
- Procedures tied to condemnation of property owners’ association common areas under Virginia Code § 55.1‑1836
- Disbursement timelines in condemnation proceedings (SB 779)
- Flexibility in the plans or drawings used for certificates of take (HB 1401)
- Expansion of the Virginia Passenger Rail Authority’s eminent domain authority (HB 446)
As always, the Virginia Legislative Information System will be the best source for tracking bills as the session moves toward its scheduled March 16 adjournment.
