Avigation, Land-use Easements in Chesterfield County

The need for avigation easements and restricted land-use easements near the Chesterfield County Airport led the Chesterfield County Board of Supervisors to unanimously approve a motion to exercise eminent domain to obtain those rights that will support a future runway expansion.

The vote came after a public hearing at the Board’s July 28 meeting.

“An avigation easement is, primarily, we’re buying the easement for rights for above the property at certain airspace usage,” Al Pace said. “Usually, avigation easement will require trimming of trees or [something] of that nature that will penetrate that easement area.”

Some of the affected property owners have resisted the financial offers and the county has been unable to reach an agreement with those people.

Real Property Manager Dean Sasek said, “We will continue to work with the property owners in order to reach an agreement.”

According to the Board of Supervisors agenda, the acquisition of avigation easements, restricted land- use easements and a Dominion Energy power easement are needed to accommodate the current and future family of critical aircraft operations at the airport.

Property owners involved in this process include the Five Forks Village Community Association, Cascade Creek Homes, Fair Havens Church and Trustees of New Jerusalem International Christian Ministries.   Attorney Steve Clark, who represents the Five Forks Village Homeowners Association, said that residents are concerned about the disruptions that would come from having aircraft fly lower, and potentially more often.

County Supervisor Kevin Carroll, who represents the Matoaca district, said, “I think when people hear the words ’eminent domain’ and that we’re taking someone’s property, that means that we’re going to actually take someone’s property (land).  In this case, we’re going to be utilizing easements over someone’s property, more or less restricting some of the uses on it, but not actually taking it.”

The avigation easement will allow the county to clear some airspace by either taking down trees or cutting them shorter so that there is more clearance for aircraft to fly.

The Board of Supervisors’ Wednesday approval also included that of restrictive land use in communities near the airport.

Pace said, “The ones that are restrictive land use, predominantly where that is, is we do not want gatherings of large amounts of people; we don’t want construction on the easement we would procure.  It would pretty much stay untouched, mowed grass, but would not allow for a congregation to meet on that property or on the restricted land use.”