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Summary of the April 23, 2026 Meeting at Orange County High School Auditorium Waldo & Lyle Eminent Domain Attorneys

  • Writer: paulBVL
    paulBVL
  • Apr 24
  • 4 min read

The attorneys from Waldo & Lyle delivered a detailed briefing on two critical fronts: (1) efforts to stop or substantially modify the Valley Link transmission line at the State Corporation Commission (SCC), and (2) the immediate steps landowners must take to protect their rights if the SCC approves the project.


Opposition at the State Corporation Commission

Waldo & Lyle announced that the Virginia Farm Bureau is in active discussions to formally oppose the Valley Link project at the SCC. This development is significant. In 2012, the Farm Bureau partnered with Waldo & Lyle to secure passage of the Virginia constitutional amendment strengthening property rights. With 160,000 members and a long record of effective advocacy for farmers and rural landowners in Richmond and at the local level, the Farm Bureau possesses the expertise and influence necessary to mount a serious challenge. Discussions remain preliminary; the Farm Bureau may retain different counsel, but its involvement represents a major step forward. Landowners who are not members are strongly encouraged to join the Virginia Farm Bureau immediately: https://www.vafb.com/membership-at-work/membership/join-now2.


Landowner Rights and Preparations if the SCC Approves the Line

If the SCC grants approval, the following actions and procedures are essential:

  1. Valley Link/Dominion will not be permitted to enter your property without notice. They must first send a certified letter requesting access, specifying dates, times, and contact information. Do not ignore the letter. You may request reasonable changes to the proposed dates and access points.

  2. Maintain a detailed log of every visit: names, company affiliation, purpose, dates, and times.

  3. Post “NO TRESPASSING” signs at all property entrances. If surveyors or others enter without permission, record names, license-plate numbers, and other identifying information and contact the local Sheriff’s Office for prosecution.

  4. Surveyors, appraisers, or environmental personnel may ask questions about your property. Reply that you are willing to answer but require all questions in writing (hard copy or email). Provide written responses only. Anything said verbally can be used later to reduce your property’s appraised value. Consult counsel before responding if necessary.

  5. You are entitled to receive any appraisal conducted on your property. Demand it. You may also request—but are not guaranteed—environmental, engineering, or other studies.

  6. Waldo & Lyle has offered to visit any affected property at no charge to discuss your specific situation.

  7. Legal representation is available on a contingency basis: Waldo & Lyle and most eminent-domain attorneys are compensated by a percentage of any increase they negotiate above Valley Link’s initial offer.

  8. The proposed easement document is fully negotiable. Do not rush. Valley Link has a strong incentive to close quickly; time works in your favor, not theirs. Have every term reviewed by counsel. All agreements must be in writing. Key points to demand include:

    1. No language authorizing future lines or additional uses (prohibited by the Virginia Constitution).

    2. The easement becomes null and void if the line is never built. They related a story with the Atlantic Coast pipeline where many easements were obtained before the project was cancelled. Those easements were then sold to Berkshire Hathaway, nothing has been done with them but they are still legally enforceable.

    3. Construction access routes, including any required road upgrades or new roads, are negotiable.

    4. Maintenance access routes are negotiable; the default “access from anywhere on the property” must be rejected.

    5. Repairs to your driveway/roads/property from construction and/or maintenance activities.

    6. Disposition of all trees, stumps, and vegetation during and after construction.

    7. Future ability to construct driveways or roads crossing the easement.

    8. Costs to move animals during the construction phase if necessary.

    9. Prohibition or strict limits on herbicide use for easement maintenance.

    10. Specification of grass type to be reseeded, particularly if the land will be used for grazing.

    11. Additional property-specific terms will almost certainly be required.

    12. Property valuation is not limited to current use; it must reflect the highest and best use reasonably possible without the transmission line.

    13. Compensation must cover both the value of the land taken for the easement and damages to the remainder of the property.

    14. Adjacent landowners receive no compensation offer. If demonstrable damage can be proven, a separate tort claim may be pursued (handled by a tort attorney, not Waldo & Lyle). This is an uphill battle.

    15. If Valley Link’s offer is unacceptable, the matter proceeds to eminent-domain condemnation proceedings in your local circuit court. A jury of five local landowners decides the award; only three of the five need agree. Waldo & Lyle is prepared to represent landowners through trial.


The formal presentation and public Q&A lasted approximately two hours. Attorneys remained afterward for one-on-one consultations for an additional hour. This session provided landowners with clear, actionable information on both stopping the project and protecting their rights if it moves forward. Immediate preparation is strongly advised. If you weren't able to attend, please note that additional community meetings in other counties are already scheduled as follows:


Appomattox County

May 14th at 6:00pm Appomattox County Community Center, 220 Community Lane

Fluvanna

May 29th at 6:00pm Saints Peter and Paul Catholic Church located at 4309 Thomas Jefferson Parkway, Palmyra, VA

 
 
 

1 Comment


pawyvill
Apr 30

Excellent review. I was there & this covers the important points.

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