Title
Resolution to Authorize the Acquisition, by Negotiation or Condemnation, of a Portion of Land in Fee Simple from Property Located at 2 Little Oak Lane (LRSN: 8004974), Pursuant to §§ 25.1-100, Et Seq. and 15.2-1901, Et Seq. of the Code of Virginia of 1950, as Amended, for Purposes of a Public Street/Road and Associated Public Right-of-Way Necessary for Bike and Pedestrian Access (Sidewalks/Paths)
Purpose
PURPOSE/BACKGROUND:
The City of Hampton (“City”) is proceeding with land acquisitions for the Little Back River Road Bike and Pedestrian Accommodation Project - Phase A (the “Project”), which will allow improvements to be made from approximately N. King Street to Valirey Drive. This Project will construct sidewalks, shared-use paths, and make associated improvements for pedestrian and bike access, including but not limited to, crosswalks and ADA amenities. In order to construct the improvements for this important Project to best serve the citizens of the City, acquisition of a portion of that certain property commonly known as 2 Little Oak Lane, Hampton, Virginia 23669 (Property Identification Number/LRSN/RPC 8004974) (the “Property”) is required. Based upon a title examination of the Property, it is owned by the heirs at law, devisees, or successors in title to Valerie J. Hall, deceased, and unknown owners (the “Owner,” whether one or more). The record owner of the Property, Valerie J. Hall, died on or about June 7, 2025, and the successors in title to the Property are unknown. A partial fee take of the required portion of the Property using the City’s eminent domain authority is necessary. The proposed partial fee take area comprises of approximately 985 square feet +/- (0.023 Acres +/-) in accordance with that certain plat titled “Plat Showing Right-of-Way Located at 2 Little Oak Lane Hereby Conveyed to the City of Hampton, Virginia By Valerie J. Hall”, which plat is dated February 11, 2025, and prepared by Precision Measurements, Inc. (the “Plat”).
Therefore, it is recommended that, pursuant to §§ 25.1-100, et seq., 15.2-1901, et seq. and the applicable portions of §33.2-1000, et seq. of the Code of Virginia of 1950, as amended, that the City exercise its eminent domain authority to commence condemnation proceedings upon the identified required portion of the Property since the acquisition cannot be obtained through negotiation.
Discussion:
See Purpose/Background above.
Impact:
See Purpose/Background above.
Recommendation:
Rec
Conduct public hearing and approve the Resolution.
Body
WHEREAS, the City of Hampton (“City”) is proceeding with land acquisitions for the Little Back River Road Bike and Pedestrian Accommodations Project - Phase A (the “Project”), which will allow improvements to be made from approximately N. King Street to Valirey Drive;
WHEREAS, the Project will construct sidewalks, shared-use paths, and make associated improvements for pedestrian and bike access, including but not limited to, crosswalks and ADA amenities;
WHEREAS, the Project is partially funded by the Virginia Department of Transportation (“VDOT”), and VDOT requires certification that all necessary property needed for the Project has been acquired;
WHEREAS, to construct the improvements for this important Project to best serve the citizens of the City, acquisition of a portion of that certain property known as 2 Little Oak Lane, Hampton, Virginia 23669 (Property Identification Number/LRSN/RPC 23669) (the “Property”) is required;
WHEREAS, the acquisition of a certain portion of the Property is necessary to the public health, safety, peace, good order, comfort, convenience, and welfare of the City;
WHEREAS, the City has reviewed the acquisition for purposes of complying with Section 1-219.1, of the Virginia Code and has certified that the acquisition is for the possession, ownership, occupation, and enjoyment of the property by the public, for the purpose of expanding the public road/street to construct sidewalks, shared-use paths, and make associated improvements for pedestrian and bike access;
WHEREAS, based upon a title examination of the Property, the Property is owned by the heirs at law, devisees, or successors in title to Valerie J. Hall, deceased, and unknown owners (the “Owner,” whether one or more);
WHEREAS, the City has been unable to acquire the necessary right-of-way in this matter because the current owners are unknown;
WHEREAS, the proposed partial fee take area comprises of approximately 985 square feet +/- (0.023 Acres +/-) in accordance with that certain plat titled “Plat Showing Right-of-Way Located at 2 Little Oak Lane Hereby Conveyed to the City of Hampton, Virginia By Valerie J. Hall”, which plat is dated February 11, 2025, and prepared by Precision Measurements, Inc. (the “Plat”), a copy of which Plat is made a part of this Resolution; and
WHEREAS, to best serve the City’s citizens and to construct the stated improvements for this Project, Council has determined that a partial fee take acquisition of the Owner’s Property is necessary; and it is in the best interest of the City that the certain portion of the Property identified herein be acquired by condemnation, pursuant to §§ 25.1-100, et seq. and 15.2-1901, et seq. of the Code of Virginia of 1950, as amended, since the acquisition thereof cannot be obtained through negotiation.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Hampton, Virginia:
1. That the Resolution seeking acquisition by condemnation (or by negotiation, if possible), pursuant to the authority set forth in §§ 25.1-100, et seq., 15.2-1901, et seq. and the applicable portions of §33.2-1000, et seq. of the Code of Virginia of 1950, as amended, for a partial fee take acquisition of that certain area of the Property containing approximately 985 square feet +/- (0. 023 Acres +/-) in accordance with that certain Plat referenced herein is approved;
2. That the property rights described in Paragraph 1 are to be acquired for the public use of street and roads;
3. The Council hereby approves the public use (public street and roads) for this acquisition in accordance with Section 15.2-1903;
4. That the proposed acquisition is for the purpose of expanding the public road/street to construct sidewalks, shared-use paths, and make associated improvements for pedestrian and bike access and is declared to be necessary for a public use and an authorized public undertaking pursuant to Chapter 19 of Title 15.2 of the Code of Virginia, as amended;
5. That it is necessary to enter upon the property and acquire defeasible title to the fee acquisition area prior to the completion of the condemnation proceedings;
6. That the City Attorney, or her designee, is authorized and directed to acquire the property interests for public use by condemnation or other means, and to institute and conduct condemnation proceedings to acquire the fee acquisition area in the manner authorized and provided by §§ 25.1-100, et seq., and 15.2-1901, et seq. and the applicable portions of §33.2-1000, et seq. of the Code of Virginia of 1950, as amended; and
7. That a certified copy of this Resolution and the aforesaid Plat shall be recorded in the Office of the Clerk of the Circuit Court for the City of Hampton in the manner as deeds are recorded and indexed in the name of the City of Hampton.