After the Caroline County Board of Supervisors voted unanimously on June 18 to condemn 11 acres of a fifth-generation farmer’s land and acquire his property through eminent domain to construct a water intake facility, the Virginia Outdoor Foundation sent a letter to county officials.
The correspondence notified the county that its actions to acquire a portion of the property of Cory and Rebekah Garrett along the Rappahannock River to begin the process of installing a 35-mile pipeline to pump water from the river to the western part of the county may be inconsistent with the terms and restrictions of a VOF conservation easement recorded in October 2022.
Martha Little, VOF’s deputy director, noted in the letter that the county is required to apply to obtain approval from the VOF’s board of trustees for conversion or diversion of open space land per state law.
But despite the notice from the VOF, the county recently moved forward with a petition for condemnation and recorded a Certificate of Take in Caroline County Circuit Court.
“That does exactly what it sounds like,” said the Garretts’ lawyer Joshua Baker, “it takes the property.”
The county plans to pump nearly 14 million gallons of water a day from the Rappahannock to the growing Ladysmith and Carmel Church areas.
County Attorney Christopher Mackenzie claimed that the VOF’s open space easement is not subject to the Certificate of Take. In one section of the document, Mackenzie, who prepared the certificate, writes that the VOF easement is not the subject of the condemnation. He stated that the county’s “public use of the property acquired in this Certificate of Take may be accomplished in accordance with the terms of the VOF easement,” and “without negative impacts to the conservation values and purposes of the VOF easement.”
Baker said the only lingering issue from the county’s perspective is determining the value of the property. When the county voted to condemn the property and exercise eminent domain in June, it listed a value of $78,400.
“The Garretts believe strongly that this project doesn’t need to occur on their property,” Baker said. “So, we’re going to take a look at what the county has to say and I’m sure in due course, we’ll have a response to make here, as well … The court process is there for a reason and if we need to utilize it, then the Garretts are not concerned about moving forward in that direction.”
Cory Garrett said he plans to exhaust all possibilities before surrendering the land. He said that although county officials have said they made multiple efforts to come to an agreement, no one reached out for a conversation.
“The only one-on-one contact I’ve had with any member of the board was with [Port Royal District Supervisor] Nancy Long on May 31, 2023,” Cory Garrett said. “This meeting was made by my request. I reached out to Mrs. Long requesting we meet to discuss this project as I had grave concerns about the way things were proceeding and why.”
Cory Garrett said every other communication from the county was in the form of a letter detailing their next step, and that they only made one offer with a one-week timeline to accept.
Caroline Board of Supervisors Chair Jeff Black declined to comment on the issue because he said it is now a legal matter. Black referred to the public hearing two months ago in which each supervisor expressed support for the plan to acquire the land and construct the water intake facility, citing a need for water to prepare for growth on the western side of the county.
“The Garretts are committed to defending their property and their property rights, and it’s unfortunate that we’re now in this posture with the county,” Baker said. “But they’re going to see it through, and we look forward to having a day in court to share their perspective fully with the court.”
