AGENDA DATE: 9/3/2025
TITLE:
Title
Acquisition of 2224 Commonwealth Drive
BODY
SUBJECT/PROPOSAL/REQUEST: Authorize acquisition of portions of Parcels 061W0-03-00-01600 at 2224 Commonwealth Drive by eminent domain.
ITEM TYPE: Regular Action Item
STAFF CONTACT(S): Richardson, Wall, Herrick, Tevendale, Dumars, Abplanalp, Stumbaugh
PRESENTER (S): Michael Stumbaugh
LEGAL REVIEW: Yes
REVIEWED BY: Jeffrey B. Richardson
BACKGROUND: The County is currently in the right-of-way acquisition phase for a project to construct sidewalks along Commonwealth and Dominion Drives. Completion of the project requires acquisition of portions of a parcel along Commonwealth Drive as follows: south of Peyton Drive, for 31 square feet of fee simple, and 541 square feet of permanent utility easement on Parcel 061W0-03-00-01600 (shown as Parcel 012 on Attachment A).
Assisted by consultants experienced in right-of-way acquisitions, the County has successfully acquired or reached agreements on almost all rights-of-way needed for the project. However, extended negotiations with the owner of Parcel 061W0-03-00-01600, SEMF Charleston, LLC, appear to have reached an impasse. A formal impasse letter (Attachment B) was sent to the owner of the subject parcel on April 22, 2025.
Staff recommends the Board of Supervisors authorize a resolution for condemnation and certificate of take for the subject right-of-way. Negotiations can continue throughout the condemnation process.
STRATEGIC PLAN: Infrastructure & Placemaking - Invest in infrastructure and amenities that create connection, opportunity, and well-being.
DISCUSSION: This public hearing is to consider a proposed resolution, as specified by Virginia Code § 15.2-1903(B) and § 15.2-1905(C), authorizing this proposed use of eminent domain. This resolution cannot be adopted until the Board has held a public hearing. Negotiations can continue throughout the condemnation process. Without this authorization, the project would likely be delayed and incur additional costs.
If the Board approves this use of eminent domain, the County would file a certificate of take, and would deposit the original compensation offered by the County, with the Clerk of the Circuit Court.
BUDGET IMPACT: There is no budget impact associated with this item. This project is funded through the Virginia Department of Transportation's Revenue Sharing Program.
RECOMMENDATION:
Recommendation
Staff recommends that the Board of Supervisors adopt the proposed resolution (Attachment C) to authorize the acquisition of portions of Parcel 061W0-03-00-01600 on Commonwealth Drive by eminent domain.
ATTACHMENTS:
Att. A - Drawing Sheet 5RW
Att. B - Impasse Letter to Owner
Att. C - Resolution