By Heather Michon, Editor
As opposition to the proposed Valley Link transmission line continues to build across Central Virginia, attorneys who specialize in eminent domain — the legal process that allows government bodies, and in some cases utilities, to take private property rights with compensation and without an owner’s consent — are urging property owners to understand their rights before the project reaches the next stage of development.
Joshua Baker and Stephen Clarke of the Norfolk-based law firm Waldo & Lyle have been speaking to audiences across the affected region about the law, the process, and the public’s options to object, negotiate, or seek compensation.
A presentation was scheduled in Fluvanna County on Thursday, May 28.
The proposed Joshua Falls-to-Yeat line would run about 115 miles from Campbell County to Culpeper County, crossing multiple counties, including Fluvanna. Valley Link says the project is needed to strengthen the electric grid and meet growing power demand in Northern Virginia and beyond.
Opponents have raised concerns about the project’s scale, impacts on rural land, viewshed damage, environmental effects, and the possible use of eminent domain.
Rights & Limits
The attorneys opened a recent presentation in Appomattox by explaining Article 1, Section 11 of the Virginia Constitution.
Baker said Virginia’s eminent domain protections were strengthened in 2012, when voters approved a constitutional amendment limiting the government’s ability to take private property for private development.
The amendment also reinforced that property owners are entitled to “just compensation,” which includes not only payment for land taken through an easement, but also damage to the remaining property.
Clarke said his firm supported the amendment because of its broader commitment to protecting private property rights.
But the attorneys acknowledged that the law still leaves major gaps for landowners facing utility projects.
Utilities remain a significant exception to the limits on taking private property, meaning a power line project can still move forward if it meets legal and regulatory requirements.
The attorneys also said nearby property owners may have little recourse if the line does not physically cross their land, even if it affects their property value. As Baker put it, if the utility takes “an inch” of a property, the owner is in a different legal position than a neighbor whose land is affected but not taken.
The Process
The attorneys laid out a process that is likely to take years and will proceed from state-level route selection to individual negotiations with property owners, should the project be approved.
First, the company will have to seek regulatory approval through the State Corporation Commission, and later, if a route is approved, negotiations or court proceedings with individual property owners.
Clarke said Valley Link is expected to file an application for a certificate of public convenience and necessity with the SCC later this year, which would include project details, proposed routes, and the company’s argument for the need for the line.
The SCC process would likely include public comments, testimony, review by a hearing examiner, and a final decision by the commissioners.
Clarke said county governments can play an important role in that process by filing comments or intervening in regulatory proceedings. Several counties, including Fluvanna, have already signaled opposition to the project or joined regional efforts to challenge aspects of it.
If the SCC approves the project and selects a route, Valley Link would then have the authority to seek easements across properties on that route.
Before making an offer, the company may seek access to properties for surveys, appraisals, soil testing, or other review work, Baker said. He said state law allows that kind of entry if the company follows proper procedures, including notifying property owners in advance.
After that, the utility would make a written offer to affected landowners. Baker said that the offer package should include an appraisal supporting the amount offered, plan sheets showing where the line would cross the property, information on pole placement and wire height, and a title report.
He emphasized that property owners are not required to accept the first offer.
If a landowner rejects the offer and negotiations fail, the company could ultimately file a petition for condemnation in circuit court.
Baker described it as the point at which the utility effectively sues to take property rights. At the same time, the company could ask the court for early possession, arguing that it needs access to the property before the compensation dispute is resolved.
If the court grants early possession, construction, clearing, or other work could begin before the final amount owed to the landowner is decided. If the court denies early possession, the case would proceed toward trial, which Baker said can take about 15 months from the filing of the petition.
In Virginia, eminent domain trials are heard by five-person juries made up of property owners from the same locality, and three jurors can decide the amount of just compensation.
The Fluvanna Review reached out to Valley Link for comment on its approach to eminent domain and landowner compensation, but did not receive a response by press time.
A Long Process
The message from the attorneys was not that landowners should panic, but that they should prepare.
Clarke said the project is still in the early stages, and the SCC process alone could stretch into 2027 before a route is approved, if the project is approved at all.
That uncertainty, he said, can leave property owners feeling “paralyzed” about whether to sell, build or wait.
His advice was practical: keep property maintained, do not let buildings or land fall into disrepair, and be cautious about launching major construction projects in areas that could fall within a proposed route.
Landowners should also document current uses of their property and contact local or regional historical societies if they believe their land contains historic or archaeological resources, since documented sites may carry more weight in the routing process.
