Eminent Domain To Be Used for Waxpool Widening

Two small parcels of land are targeted for taking via eminent domain along the frontage of the Parkside at Ashburn community along Waxpool Road.

The community told the developer widening Waxpool that would be the simplest way to proceed.

According to a timeline included in a county staff report, the two parcels are the final hurdles for Fairfield Residential Company LLC, which must widen Waxpool as part of a proffer agreement for its Fairfield at Ryan’s Corner development.

Supervisors were quick to point out that they considered the issue a transportation and public safety issue in an attempt to distinguish the plan from economic development-based takings, which were upheld by the U.S. Supreme Court in Kelo v. City of New London, CT, enraging a range of opponents.

“I know eminent domain has a negative connotation,” Supervisor Shawn Williams (R-Broad Run) said. “What we need in that area is the widening of that road. This gets us there.”

To convey the property, the community association would had to have obtained authorization from at least 51 percent of the condo owners, many of which are occupied by renters, according to supervisors’ comments. The developer will pay all costs for the eminent domain process.

Dulles Supervisor Matt Letourneau (R) said, “It’s extremely difficult” to get everyone to participate, comparing it to an annual homeowners association meeting/election.

“The HOA specifically provided the county a letter asking that the county take this approach,” Blue Ridge Supervisor Janet Clarke (R) said. “That is a major road need. I do recognize the sensitivity to just the words eminent domain. But this is different.”

The board voted unanimously to schedule a public hearing on the issue.