AGENDA DATE: 12/4/2024
TITLE:
Title
Acquisition of Parcel # 056A2-04-00-000A3 in Parkside Village
BODY
SUBJECT/PROPOSAL/REQUEST: Conduct a public hearing on the County’s proposed acquisition of Parcel ID # 056A2-04-00-000A3 in Parkside Village by eminent domain.
ITEM TYPE: Regular Action Item
STAFF CONTACT(S): Richardson, Wall, Herrick, Dumars, Abplanalp
PRESENTER (S): Herrick, Abplanalp, Stumbaugh
LEGAL REVIEW: Yes
REVIEWED BY: Jeffrey B. Richardson
BACKGROUND: During the right-of-way property investigation phase of the Library Avenue / Barnes Lumber project, the County’s right-of-way consultant found multiple issues with Parcel ID # 056A2-04-00-000A3 that hamper the County’s efforts to acquire clear title. This parcel is important for the completion of the road system connecting the Library Avenue / Barnes Lumber project with Parkside Village.
The Parcel had not been conveyed to the Parkside Village HOA, as previously thought. The recorded plat (Attachment A) shows the subject parcel as “reserved for future extension of Hill Top Street, to be dedicated for public use upon demand by the County.” However, a title examination found no recorded deed of conveyance that transferred the property from the developer to the Parkside Village HOA. Instead, the current record owner is a defunct entity with multiple judgments encumbering its properties. Albemarle County staff has completed due diligence with advertisements and signage to provide an opportunity for other potential owners to state a claim on the property, but none were received.
This public hearing is to consider a proposed resolution, as specified by Virginia Code § 15.2-1903(B) <https://law.lis.virginia.gov/vacode/15.2-1903/> and § 15.2-1905(C) <https://law.lis.virginia.gov/vacode/15.2-1905/>, authorizing this proposed use of eminent domain. This resolution cannot be adopted until the Board has held a public hearing.
If the Board approves this use of eminent domain, the County would file a certificate of take with the Clerk of the Circuit Court of Albemarle County.
STRATEGIC PLAN: Infrastructure & Placemaking - Invest in infrastructure and amenities that create connection, opportunity, and well-being.
DISCUSSION: The acquisition of clear title to this parcel is critical for the completion of the road system connecting to the Library Avenue / Barnes Lumber project with Parkside Village. To acquire clear title to the land needed for the construction of Route 867, the County will need to pursue eminent domain and file a certificate of take with the Clerk of the Circuit Court of Albemarle County. The County is required to conduct a public hearing to consider the acquisition of the parcel by eminent domain. Staff supports the resolution to acquire the subject property by eminent domain.
BUDGET IMPACT: None
RECOMMENDATION:
Recommendation
Staff recommends that the Board of Supervisors adopt the proposed resolution (Attachment B) to authorize the acquisition of Parcel ID # 056A2-04-00-000A3 by eminent domain.
ATTACHMENTS:
A - Parkside Village Plat
B - Proposed Resolution