Code of Virginia
Chapter 10 - Eminent Domain
§ 33.2-1028. Enhancement to be offset against damage

In all cases under the provisions of this article, the enhancement, if any, in value of the remaining property of the landowner by reason of the construction or improvement contemplated or made by the Commissioner of Highways shall be offset against the damage, if any, resulting to such remaining property of such landowner by reason of such construction or improvement. However, such enhancement in value shall not be offset against the value of the property taken, and if such enhancement in value exceeds the damage, there shall be no recovery against the landowner for such excess.
Code 1950, § 33-73; 1970, c. 322, § 33.1-130; 2014, c. 805.

Structure Code of Virginia

Code of Virginia

Title 33.2 - Highways and Other Surface Transportation Systems

Chapter 10 - Eminent Domain

§ 33.2-1000. Definitions

§ 33.2-1001. Power to acquire lands, etc.; conveyance to municipality after acquisition; property owners to be informed and briefed

§ 33.2-1002. Limitation on power of eminent domain

§ 33.2-1003. Additional power to acquire lands

§ 33.2-1004. Plans for acquisition of rights-of-way

§ 33.2-1005. Acquisition of real property that may be needed for transportation projects; sale of certain real property

§ 33.2-1006. Reconveyance where property deemed suitable for mass transit purposes

§ 33.2-1007. Authority to acquire entire tract of land, or parcel thereof, when only part to be utilized for highway purposes

§ 33.2-1008. Authority to acquire land to replace parkland; applicability

§ 33.2-1009. Acquisition of residue parcels declared to be in public interest

§ 33.2-1010. Use and disposition of residue parcels of land

§ 33.2-1011. Right to enter on land to ascertain its suitability for highway and other transportation purposes; damage resulting from such entry

§ 33.2-1012. Limitations in Title 25.1 not applicable to Commissioner of Highways

§ 33.2-1013. Notice of exercise of eminent domain power; evidence of value

§ 33.2-1014. Acquisition of interests for exchange with railroad, public utility company, public service corporation or company, political subdivision, or cable television company; relocation of poles, lines, etc.

§ 33.2-1015. Acquisition of land in median of highways for public mass transit; disposition of such property

§ 33.2-1016. Procedure in general; suits in name of Commissioner of Highways; survival; validation of suits; notice of filing

§ 33.2-1017. Taking highway materials from streams, rivers, and watercourses

§ 33.2-1018. Authority to take possession and title to property before or during condemnation; purpose and intent of provisions

§ 33.2-1019. Payments into court or filing certificate of deposit before entering upon land

§ 33.2-1020. Payment of certificates of deposit; recordation of certain certificates; notice to owner

§ 33.2-1021. Recordation of certificates; transfer of title or interest; land situated in two or more counties or cities

§ 33.2-1022. Certificates to describe land and list owner

§ 33.2-1023. Proceedings for distribution of funds; effect of acceptance of payments; evidence as to amount of deposit or certificate

§ 33.2-1024. Reformation, alteration, revision, amendment, or invalidation of certificate

§ 33.2-1025. When condemnation proceedings instituted; payment of compensation or damages; order confirming award; recording

§ 33.2-1026. Awards in greater or lesser amounts than deposit; interest

§ 33.2-1027. Agreements as to compensation; petition and order of court thereon; disposition of deposit

§ 33.2-1027.1. Distribution of funds to owner or owner's attorney

§ 33.2-1028. Enhancement to be offset against damage

§ 33.2-1029. Repealed

§ 33.2-1029.1. (See Editor's Note) Petition by owner for determination of just compensation

§ 33.2-1030. Installation of broadband conduit

§ 33.2-1031. Commissioner of Highways may enter into agreement with person, church, association, etc.

§ 33.2-1032. Commissioner of Highways may file petition for condemnation when no agreement can be reached; notice of condemnation proceedings

§ 33.2-1033. Contents of petition for condemnation

§ 33.2-1034. Removal and reinterment of remains; other proceedings