If you would like to be electronically notified when new information is posted on the website, then please submit a completed form found on the CONTACT US tab of this website.

^ Back to FAQ Menu


What does the appraisal process involve?

Once the appraisal is completed and approved through an independent review process, negotiations are ready to begin. You will be provided with a copy of the approved appraisal.

You may initially be contacted by mail, but a Developer representative will always arrange a personal visit with you to explain the project and the amount of property required, along with any permanent or temporary easements. These easements allow utilities to use a certain amount of your property to construct their facilities which must be relocated or for the Developer to build sidewalks, slopes or storm drainage. The negotiator will tell you the amount of appraisal and discuss how it was determined.

If you have any questions about what is being acquired, how much compensation is offered, and how the construction will affect the rest of your property, do not hesitate to ask the negotiator.

You will have time to consider the offer, and the negotiator will contact you again to discuss the offer and answer any questions.

The option commits you to sell your property for the amount of the offer. At closing, VDOT will apply any proceeds required to pay off liens and/or delinquent real estate taxes prior to paying the balance to you in the form of a check.

You will be expected to sign the deed when the check is delivered.

If there is a mortgage on the property, additional time may be required to contact your lender and secure a release to be sure your rights are protected before payment can be made by VDOT.

The law also allows VDOT to acquire a property even when agreements cannot be reached, so that development of the project can continue. The right of a government to take private property for public use is called "eminent domain."

If you refuse the offer, the Developer turns the case over to VDOT, and VDOT files a legal document called a "certificate" with the circuit court in your county or city, indicating the need to obtain your property for project construction.

This allows the project to move forward. The offer will still be available through the court, provided you have clear title to the property. Negotiations between you and the Developer should continue in efforts to reach a settlement.

If a settlement still is not reached, the attorney representing VDOT will initiate legal proceedings necessary to allow you to present evidence as to the value of your property and any losses which you feel will occur due to the project.

After hearing testimony and viewing the property, the court will establish a value binding to you and VDOT. Either side may appeal if a legal error has been made or if the award is deemed unacceptable by the judge.

While condemnation proceedings may be necessary, mutual agreement is preferred.

The replacement home must meet certain standards, including state and local building, plumbing, electrical, housing and occupancy codes.

Please do not sign a sales contract or lease agreement for a new home until a Developer representative has inspected the dwelling and certified in writing that it meets the guidelines.

If you cannot find another home that meets the guidelines and is comparable to your current home at the price offered you for your house, you may be entitled to a replacement housing payment.

You also may be entitled to a mortgage interest differential payment if the interest rates on the new mortgage exceed those of your former mortgage.

You will also be reimbursed for certain incidental closing costs.

The combined total of these payments cannot exceed $22,500, and the payments will be limited to the amount you actually spend on eligible expenses in buying your home.

If you have been a homeowner for at least 90 days but less than 180 days and choose to buy another home, you may be eligible for a maximum of $5,250 as reimbursement for reasonable expenses required for purchase.

If you were a homeowner for at least 90 days before negotiations began and choose to rent rather than buy, you may be entitled to a maximum of $5,250. The exact amount would depend on the rent required for a house that meets the state's guidelines and on the rental value of your current home.

Payment also may be made on the basis of a fixed moving cost schedule.

You must apply to the Developer in advance, using an application furnished, indicating how and when you anticipate moving. Once your application is reviewed, you will be notified in writing of the approved amount. The Developer will be glad to assist you with the application.

Payment will not be made until the move is completed and the property has been inspected.

Actual Moving Costs:
Packing and Unpacking
Temporary Storage
Transportation
Moving Insurance
Other Related Costs

OR

Fixed Moving Costs:
One Maximum Payment
Based on Per Room Schedule

In some instances, you can be reimbursed for the loss of tangible personal property and the expense of looking for a replacement site.

As part of actual moving expenses, a small business, farm or non-profit organization may be entitled to a re-establishment payment not to exceed $25,000 for expenses actually incurred in relocating and re-establishing such small business, farm or non-profit organization at the replacement site.

Fixed Payment in Lieu of Actual Moving Expenses
A business operation may be entitled to a fixed payment in lieu of payment for actual moving and related expenses of $1,000 minimum and a maximum of $50,000 if:
· The business cannot be relocated without a substantial loss of clientele or net earnings.
· The business is not a part of a commercial enterprise having more that 3 other entities that are not being acquired by the Developer.
· It is a source of income for the displaced owner.

A farm operation also can receive a minimum of $1,000 or a maximum of $50,000 if:
· The farm operation stops or is relocated elsewhere on the remaining property.
· The project impedes the efficiency of the farm operation.
· The project makes it economically unfeasible to operate the remaining property as a farm.

A non-profit organization can receive a minimum of $1,000 or a maximum of $50,000 if:
· It cannot be relocated without a substantial loss of clientele or membership.

You must apply to the Developer, using an application available from our representative, before you move, whether you are moving a business, farm or non-profit organization. If the Developer has approved the move, you will receive payment after the move takes place, you have submitted a moving cost claim, and the property has been inspected.

You and your attorney will have an opportunity to present supporting evidence to the panel, which will give a written report to the Commissioner. The Commissioner will render a decision and advise you in writing.

If that decision is unacceptable, you have thirty days to seek recourse through the courts.

^ Return to top