Hampton, VA asked in Land Use & Zoning and Real Estate Law for Virginia

Q: Donation of property requested for easement

I live in Virginia. I just got a letter today from the city asking for me to donate over 1000 Sq ft of my property for a utilities easement. This section would cover the entire width of my front yard back 13ft from the road including my only access to my driveway (its a dead end) and a section of my yard with a number of very large and very old trees.

What happens if we decline their request for the donation? I know imminent domain will probably allow them to take it but what are our options?

My neighbors also got a letter and they're against it too.

1 Lawyer Answer
Dominic Paul Lascara
Dominic Paul Lascara
Answered
  • Real Estate Law Lawyer
  • Chesapeake, VA
  • Licensed in Virginia

A: By donating the property, the City will get use of that portion of your property for free. You may get a reduced property assessment from the loss or the shared use of the property, resulting in lower taxes, but the value of your property will also be reduced. If this portion of your property can be legally taken by the City through eminent domain, the City will be required to pay you fair market value for the easement.

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