Board adopts resolution (effective June 4) allowing condemnation option for Newsom drainage easement after heated public hearing

The Southampton County Board of Supervisors on May 28 adopted a resolution that authorizes the county to acquire permanent and temporary easements needed to build the Thomaston East Community Drainage Improvement Project in Newsom, including the option to pursue condemnation if negotiations fail. The board set the resolution's effective date for June 4 to give the affected landowner additional time to obtain counsel while keeping the county's legal option intact.

The public hearing centered on property owned by Russell S. Drake Jr. (tax map 102A-2-130), who told the board he had agreed five years ago to allow a contractor to clean an existing ditch but said the county's working plan would instead widen and move the ditch, remove trees he described as family heritage and impose a permanent easement across his 15-acre parcel. Drake asked the board to table action so he could secure legal representation and receive answers about the design and tree removal.

Reagan Prince, the county environmental engineer, said the project requires a wetland permit and tree removal must be timed and executed to protect local long-eared bat habitat. Prince described the proposed permanent drainage easement plus an additional 15-foot temporary construction easement (a combined narrow corridor described in the design documents) and said the contractor needs to begin work in August to meet permit windows.

County counsel (Eric) and outside counsel briefed the board that the county holds a Department of Housing and Community Development grant tied to the work and that failure to proceed within the permit window could jeopardize roughly $1.2 million in funding for the project. Counsel said adopting the resolution does not immediately take the land but authorizes staff and outside counsel to initiate condemnation proceedings in circuit court if negotiations fail; any taking would require statutory procedures, filing of pleadings and deposit of appraised compensation. The draft resolution included an appraised easement valuation of $2,383 for the parcel identified in the staff packet.

Board members and residents questioned whether the plans shown in the packet matched what staff described at the podium, asked how many trees would be removed and pressed for assurances that the ditch alignment would not unnecessarily strip landowner access. Several supervisors urged continued negotiation and time for Mr. Drake to obtain counsel; others said passing the resolution preserves the county's ability to proceed within the limited environmental window and does not prevent parallel negotiation.

After extended discussion, the board took a procedural path: members moved to adopt the resolution at the May 28 meeting but clarified it would be effective June 4, providing Mr. Drake a short additional period to retain counsel while preserving the county's right to proceed. The motion passed after a sequence of motions and clarifying statements that the resolution establishes public use, authorizes deposit of appraised compensation, and allows staff to record a certificate of take if condemnation becomes necessary.

The action authorizes the county administrator and county attorney to continue negotiations with Mr. Drake and, if necessary, to institute condemnation in accordance with Virginia law. The board also directed staff to include the item on the June 4 docket for further review.

The board's resolution cites Virginia Code sections authorizing acquisition by condemnation for public facilities and records the project's purpose as improving drainage between Thomaston Road and General Thomas Highway down to CSX Railway.

The board left the record open for the June 4 special meeting to confirm details and next steps.