Fairfax County may need to invoke eminent domain to secure more than a dozen properties along Richmond Highway for its new Bus Rapid Transit (BRT) system.
Earlier this week, the Board of Supervisors approved a resolution to move ahead with acquiring land rights to 13 commercial and residential properties — including a Wells Fargo bank, a pet hospital, and a hotel — by early December for the new bus route, known as “The One,” regardless of whether settlement agreements are in place.
County officials aim to finalize the property acquisitions by the end of the year to keep the BRT project on track to begin utility relocations in 2026. Although they prefer voluntary sales, county officials say they may turn to eminent domain if necessary to avoid delays.
“Finalizing these acquisitions now will allow time for tenant relocations and removal of structures ahead of utility relocation work,” Clyde Monahan, a project coordinator for the county’s Land Acquisition Division, told supervisors on Tuesday (Oct. 22). “This will ensure the prompt start of the utility relocation phase and prevent data delays to the overall construction schedule.”
Monahan noted that since negotiations began in early 2023, some property owners have raised concerns about the terms of the settlements and requested additional relocation benefits. Some requests and counteroffers were rejected because they didn’t meet the strict requirements set by the county and the Federal Transit Administration, he said.
“It is important to recognize that approval for condemnation will not negate ongoing negotiations, and it is hoped that moving these negotiations into a mediation process with the use of outside experts will help expedite amicable settlement,” Monahan said.
What properties are affected
The BRT project, which will be built in two segments, is estimated to impact several hundred parcels along Richmond Highway.
Fairfax County notes that 228 properties will be affected by the first segment from North Kings Higway at the Huntington Metro Station to Sherwood Hall Lane in Gum Springs, which it will manage.
According to Monahan, the properties are being acquired in “groups,” and so far, the county has agreements to purchase 22 of them. Six residential properties were scheduled to be razed this fall.
“Most acquisitions involve properties close to the road, with some needing to be fully acquired due to impacts from road improvements and utility relocations,” he said.
The Virginia Department of Transportation (VDOT) will partially build the second segment of the BRT lanes from Sherwood Hall Lane to the bridge over Dogue Creek in Mount Vernon as part of its project to widen Richmond Highway down to Jeff Todd Way. The final portion of the lanes from the bridge to Jeff Todd Way will be built by Fairfax County, a VDOT spokesperson says.
VDOT has acquired 19 of the 191 properties needed for its Richmond Highway Corridor Improvements project, the spokesperson told FFXnow.
Initially slated for a 2030 launch, the BRT system now isn’t expected to be completed until 2033 after VDOT shared that it won’t finish its road widening until 2032. Construction is slated to begin in 2028.
The bus project aims not only to boost public transit along the corridor, but also to enhance road safety and accessibility with new bike and pedestrian paths, according to the county.
Some property owners frustrated by negotiations
During the public hearing, Christina Lollar Savage, a property rights attorney representing several commercial and residential property owners who could be affected by eminent domain takes, told the Board of Supervisors that some of her clients were frustrated with the negotiation process.
She noted that while one commercial client reached an agreement with the county, another had a less favorable experience after the county made an initial offer solely based on their property’s tax-assessed value, which she argues is “inadmissible evidence of value in eminent domain cases.”
After the landowner spent $5,000 on an independent appraisal, Savage claims the county responded within 48 hours, stating they had no response to the appraisal and would allow the matter to proceed to condemnation.
“We hope the county will reconsider this landowner’s appraisal and a settlement offer in compromise,” she said.
Savage expressed frustration with having to deal with various county officials, and occasionally VDOT representatives, while trying to negotiate settlements before heading to court.
She added that she has been unable to get information from the county about whether some of her other clients’ properties will be affected in later phases of the project, leaving those owners “in limbo.” She requested details as soon as possible to give the remaining affected property owners clarity on what to expect and when.
County officials acknowledged Savage’s concerns, explaining that the complex nature of the project, with its various federal, state and local requirements, has made the negotiation process challenging at times.
In response, they committed to improving communication and transparency with the affected landowners going forward, stating that more definitive information will be provided to the remaining property owners about the project timeline and their individual acquisition status.
“We’re moving into acquisition of some of the partial properties, so we should be able to reach out and give more definite information to the rest of the properties along the entire corridor and how they’re going to be affected,” Monahan said.
The resolution authorizing the use of eminent domain was approved unanimously by the present board members, though supervisors Walter Alcorn (Hunter Mill) and Pat Herrity (Springfield) were absent at the time of the vote.
