AGENDA DATE: 5/7/2025
TITLE:
Title
Notice of Public Hearing on County Acquisition of Portions of Parcels 061M0-00-02-00100 and 061M0-00-01-00600 on Dominion Drive.
BODY
SUBJECT/PROPOSAL/REQUEST: Authorize Notice of a Public Hearing on the County’s proposed acquisition of portions of Parcels 061M0-00-02-00100 and 061M0-00-01-00600 on Dominion Drive by eminent domain.
ITEM TYPE: Consent Action Item
STAFF CONTACT(S): Richardson, Wall, Herrick, Dumars, Abplanalp, Stumbaugh
PRESENTER (S): N/A
LEGAL REVIEW: Yes
REVIEWED BY: Jeffrey B. Richardson
BACKGROUND: The County currently is 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 two parcels along Dominion Drive, just southwest of Shoppers World:
* 363 square feet of right-of-way and a 1,165 square foot temporary construction easement on Parcel 061M0-00-02-00100 (shown as Parcel 023 on Attachment A); and
* a 533 square foot temporary construction easement on Parcel 061M0-00-01-00600 (shown as Parcel 027 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 Parcels 061M0-00-02-00100 and 061M0-00-01-00600 appear to have reached an impasse. Specifically, though the pro-rated assessed value of the subject land is $3,660, the owner has demanded compensation of $29,875, an amount that the County’s staff and consultants cannot recommend. A formal impasse letter (Attachment A) was sent to the owner of the two subject parcels on March 12, 2025.
Staff recommends the Board of Supervisors authorize a public hearing to consider and potentially authorize a resolution for condemnation and certificate of take for the subject rights-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: Staff recommends that the Board of Supervisors authorize notice for a public hearing for the potential condemnation and certificate of take for these two parcels. Without this authorization, the project would likely be delayed and incur additional costs.
BUDGET IMPACT: No budget impact is associated with this item.
RECOMMENDATION:
Recommendation
Staff recommends that the Board of Supervisors authorize notice and schedule a public hearing on the proposed acquisition(s).
ATTACHMENTS:
Att. A - Dominion Drive right-of-way sheets
Att. B - Impasse Letter to Owner