Legal Question in Real Estate Law in Virginia

easements to county government

My county government is requesting I sign an easement to my property for installing and maintaining a public sidewalk. Sidewalk is not on my land but would border it down one side. Easement is to allow them access to build and maintain the sidewalk. Unfortuantely, I have just finished $5,000 plus on landscaping to my land all along the same border (gardens, underground watering system, lighting, plants, etc..). I really have no interest in a sidewalk anyway, and am also hesitant to grant the county authority to trample this area whenever they want. The county people are putting pressure on to sign. What happens if I refuse to sign? What alternatives do they have if I refuse? Can they force the issue? What would be the process? What are my rights here? At what point would it be wise to consider bringing an attorney on?


Asked on 11/03/04, 10:18 pm

1 Answer from Attorneys
Thomas Dunlap Dunlap, Grubb & Weaver, PLLC

Re: easements to county government

If you refuse to sign there may be a possibility they could force a "taking" using the eminent domain process. You would have the right to fair compensation. As a practical matter this is a very expensive and politically unpopular way to get things done for the county (usually) and thus may allow you some leverage in negotiations. It varies by county - please feel free to contact one of our three offices in Virginia for more information.

See our disclaimer with regard to any information in this posting at www.dglegal.com.

-Tom Dunlap 703-777-7319

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Answered on 11/04/04, 10:54 am


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