Leesburg council authorizes eminent-domain filings for Evergreen Mill Road widening; asks staff to continue voluntary negotiations

The Leesburg Town Council on Sept. 23 authorized staff to file certificates of take in Loudoun County Circuit Court to acquire easements and a small fee interest needed for the Evergreen Mill Road widening project.

Lawrence Bowman, the town’s land acquisition manager, told the council the project will widen about 1.3 miles of Evergreen Mill Road between South King Street and the southern entrance to Heritage High School and is funded with town, county, Northern Virginia Transportation Authority (NVTA) and state funds. He said the process for acquiring property rights is governed by the Virginia Constitution and Code of Virginia § 15.2-1800 and that filing certificates of take would allow the town to meet Virginia Department of Transportation (VDOT) locally administered project right-of-way certification requirements while negotiations continue.

Bowman said council previously adopted Resolution 24-018 (Feb. 13, 2024) finding a public necessity for the project and authorizing negotiations for rights on 34 parcels. He told the council the town has already completed acquisitions or did not require offers for many parcels: 18 of the 34 lots did not require offers, two lots were not needed, two are town-owned, eight are owned by the county school system and five are subject to proffers. Of the remaining 16 parcels that received bona fide offers based on qualified appraisals, Bowman said two HOA parcels and five private properties remain substantially unresolved.

Council members and members of the public asked for specifics about what rights the town seeks and the project’s effect on drainage. Bowman and Douglas Wagner, assistant director of capital projects, said the outstanding requests are largely for stormwater easements and temporary construction easements; one homeowners-association parcel would require a small fee-simple dedication of right-of-way plus temporary construction and no-vacate easements to accommodate a right-turn lane onto Alpine Drive.

Property owner Kevin Tompkins told council that development upstream had already increased localized flooding on his land and said a portion of his property has “effectively been turned into a swamp.” Town staff and Wagner told Tompkins the project includes stormwater-management work intended to reduce post‑project flows below current (pre‑development) levels for the portion of the drainage area the town controls, but they acknowledged much of the upstream drainage area lies in Loudoun County and that county coordination will be required to address all runoff concerns.

Bowman summarized the next steps if council authorized eminent-domain filings: the town would send written notice of intent to file a certificate of take to affected owners under state code, wait 30 days, then may file the certificate and deposit an amount representing just compensation with the court so the town can obtain possession and proceed with project activities while any dispute over compensation continues in court.

Council then moved to approve the proposed resolution authorizing staff to file certificates of take and to deposit just compensation in the Loudoun County Circuit Court. The motion passed by voice vote, recorded as 5 in favor, 0 opposed, 2 absent.

Votes at a glance: the council also approved the consent agenda (items A–H on the published agenda, including a dryer/furnace blower replacement at the water pollution control facility; a fiscal-year 2026 Q1 budget amendment; an accelerated traffic sign replacement schedule for flashing yellow arrows and high-visibility signal backplates; an enterprise video management system upgrade contract amendment; an illumination/display and special-event fee waiver for domestic-violence awareness month; the town attorney employment contract; participation in a proposed settlement of opioid-related claims; and an appointment to the Tree Commission) by motion and voice vote (5–0, two absent). Separately, council approved a motion to establish a data-center computer equipment tax reserve of $3,271,237 within the general fund for future council priorities; that motion passed by voice vote, recorded 5–0 (two absent).

Why it matters: the Evergreen Mill widening is a capital-improvement project the council has determined is necessary to improve traffic flow, reduce congestion at Heritage High School’s entrance, enhance safety at the Battlefield Parkway intersection and strengthen pedestrian and bicycle connectivity. Authorizing certificates of take allows the town to stay on the schedule required by VDOT while continuing to seek voluntary agreements with property owners.

Council and staff said they will continue negotiating with property owners and coordinate with Loudoun County staff on drainage issues that extend beyond the town’s jurisdiction. Staff estimated notices could be mailed the day after council action and that the 30‑day statutory period would follow the notice. No compensation amounts for any individual parcels were provided at the meeting.