Judge Upholds Caroline County's Eminent Domain for Rappahannock Water Project

VN Staff

Judge Upholds Caroline County's Eminent Domain for Rappahannock Water Project-orig

A Caroline Circuit Court judge ruled that the county properly exercised eminent domain to acquire 11 acres from farmer Cory Garrett for a Rappahannock River water intake facility. The decision clears a legal step in the county's long-planned effort to secure additional water supplies.

Judge Dennis Hupp determined that supplying water constitutes a public use and that necessity determinations belong to the legislative body unless arbitrary or fraudulent actions occur. The county had filed a certificate of take in July 2024 after Garrett declined the $78,400 offer for the Tidewater Trail property.

Project Background and Approvals

Caroline County has pursued the water withdrawal for approximately 20 years to serve expanding areas including Ladysmith and Carmel Church. The Virginia Department of Environmental Quality approved a permit for up to 9 million gallons per day, while the Virginia Marine Resources Commission authorized the intake structure.

The Board of Supervisors, with members including Chair Jeff Black, Clay Forehand, Floyd Thomas, Jeff Sili, and Nancy Long, voted 6-0 in 2024 to proceed with condemnation. Officials cited declining groundwater levels and the need for surface water sources as key drivers.

The 35-mile pipeline would transport raw water to a treatment plant in the western part of the county. County utilities director Joey Schiebel testified that property control was required before final permits could issue.

Legal Arguments and Ruling Details

Garrett's attorney, Joshua Baker, argued the project was speculative at the time of filing and that procedures were not followed correctly. Hupp rejected these claims, noting the county followed notice requirements via certified mail and made a good-faith offer.

The ruling stated businesses may benefit but this does not diminish the public nature of the water supply. The county reduced its initial withdrawal request and does not permit data centers to use potable water for cooling.

Pending cases involve appeals from the Rappahannock and Mattaponi tribes regarding the permits. Garrett indicated plans to continue legal options following the decision.

Community and Environmental Context

Public hearings featured opposition from residents concerned about river impacts and the effects on Garrett's family farm. Supervisors maintained that alternatives like interlocal agreements were explored extensively over the years.

The project aims to address hard water problems and support future growth without additional development approvals. Officials emphasized that inaction could lead to future shortages affecting residents.

https://www.fredericksburgfreepress.com/2026/09/03/judge-rules-in-carolines-favor-in-taking-of-farmers-land-for-water-intake-project/

Caroline County Board of Supervisors Caroline County Board of Supervisors Church Clayton Forehand Data Data Centers Farm Floyd Thomas Jeffery Sili Jeffrey Black Land Mail Nancy Long Rappahannock Rappahannock River Reginald Underwood Virginia Water