Winchester council authorizes eminent-domain authority to secure access for dam and water repairs

The Winchester City Council voted to authorize city staff to pursue eminent-domain authority to secure access easements needed to repair and maintain water-treatment and dam facilities after years of unsuccessful negotiations with adjacent landowners. City Attorney Melissa Michaelson told the council the properties in question block the most feasible land access to the facilities and that the city has sought temporary easements but would seek perpetual easements if condemnation is necessary.

Council President Sullivan opened the discussion by explaining the resolution would give staff authority to proceed only if negotiations fail. Michaelson laid out the site issues, showing parcels that lie between the city's infrastructure and an existing gravel road and explained engineers identified the route as the least obtrusive option.

Why it matters: staff and council framed the work as essential to protect the city's water supply. A council member warned that, in a worst-case scenario, river flows could bypass the dam and "we would be completely without water," a consequence councilors said would affect residents citywide.

Michaelson said appraisals have been obtained and offered to owners. She reported three parcels had appraisals near $4,000 and one at about $500 for a minor corner cut, while some owners have asked for substantially higher sums and have not produced counter-appraisals, creating a negotiation impasse.

Councillors asked whether easements sought would be temporary or perpetual. Michaelson said the city initially sought perpetual easements but downgraded requests to temporary easements to facilitate agreement; however, if condemnation becomes necessary she would recommend obtaining perpetual easements to avoid repeating the process in the future. She also noted that Virginia law permits the city to condemn property outside municipal boundaries for purposes that include obtaining water.

Councilors pressed on the timeline and consequences: staff said they hope to begin construction over the summer and that much depends on river levels and weather. Some councilors stressed eminent domain should remain a last resort; others said the repairs cannot be delayed indefinitely.

Outcome: After discussion, the council approved the resolution giving the city authority to proceed with eminent-domain access easements if negotiations fail and directed staff to continue negotiating with property owners.

The resolution will return to staff for implementation details and any future specific takings or permanent easements would come back to council for approval.