Title
Resolution to Authorize the Acquisition, by Negotiation or Condemnation, of a Fee Take, 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 Road and Associated Utilities.
Purpose
PURPOSE/BACKGROUND:
Tennis Lane (the “Lane”) is a private road, located in the City of Hampton (the “City”) off of E. County Street in Phoebus. The City has stormwater and sanitary sewer infrastructure located within the Lane. Other utility services including water and gas run under the Lane. City residents also receive trash services and U.S. Mail delivery along the Lane. To best serve the citizens and to protect, maintain, and potentially upgrade the existing infrastructure, acquisition of the Lane is required. A fee take of the Lane using the City’s eminent domain authority is necessary. The proposed fee take area comprises of approximately 7,697 square feet +/- (0.1767 Acres +/-) in accordance with that certain plat entitled “PLAT SHOWING ESTABLISHMENT OF PUBLIC RIGHT OF WAY LOCATED ON TENNIS LA. HAMPTON, VA” made by Sandon S. Rogers, P.E/L.S., City of Hampton, VA, Public Works Engineering, dated November 15, 2021.
Based upon a title examination of the Lane, it is owned by the unknown Heirs of Riddick Barnes. The City has been unable to locate the heirs. There may be other owners that may have an interest but are unknown. Therefore, no one is able to sign a deed transferring the Lane to the City, nor are there any known parties with which the City could negotiate.
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 property since the acquisition cannot be obtained through negotiation.
Discussion:
See Purpose/Background above.
Impact:
See Purpo...
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