Board of Supervisors Hears the Case of ‘Agreed Upon’ Easement

On Wednesday, September 12, at 6 p.m. in the Warren County Government Center, the Board of Supervisors met for a work session in which they heard the case of a property owner who, within the past three months, has taken steps to dissolve a memorandum of agreement pertaining to an easement on a portion of his property that compels him to give access to the building of a gas pipeline. The board has the power to dissolve the MOA.

Board of Supervisors meets for work session – photos by Brenden McHugh

In his address to the board, William Long, manager of Long Pine Holdings, LLC, and owner of the sixty-foot parcel under easement at 6768 Winchester Road where Washington Gas has been planning to build a portion of its pipeline for ten years, explained that he felt coerced into the agreement, as he was offered ten thousand dollars for his cooperation with the tacit understanding that in the absence of his cooperation eminent domain would give the gas company the rights they require. Thus, the “agreed upon easement” was established, where the MOA substitutes for the full force of an official easement, which the board can dissolve if they wish.

William Long of Lone Pine Holdings presents to the board the current situation of his conditional use permit on his own property.

Long owns the Auto Care Clinic at that location and has operated under a conditional use permit since 2013, the same year in which the MOA was established. The MOA agreement is between William Long and Warren County. The county has worked with the Virginia Department of Transportation (VDOT) in matters pertaining to this case.

In a letter dated June 7, 2023, Long and his wife, who is also a manager of Long Pine Holdings, wrote to Warren County’s Planning Director Matt Wendling, saying that “it is our understanding that there are no plans for future development,” regarding the sixty-foot parcel to which Washington Gas currently holds a claim, “and therefore, this right of way is no longer necessary.” The letter continues in the first person. “I have plans to expand my business, Auto Care Clinic, Inc., in the future, which would not be possible without the recission of the right of way.” The letter ends with a request that the County of Warren rescind the agreement for sixty feet right of way, “effective immediately.”

This letter comes on the heels of another letter to Wendling from Dewberry Engineers Inc., writing on behalf of Washington Gas, dated May 15, 2023. In it, the Dewberry representative says he is not aware of any requests by Warren County to dedicate the sixty feet right of way, but he believes the reservation is still valid. “As you may know,” he writes, “Washington Gas is in the final phase of a twenty-mile pipeline replacement project that commenced in 2014.” Without utilizing the sixty-foot parcel on Long’s property, Washington Gas will not be able to complete its replacement project.

This communication from Dewberry is followed by another from them on June 16, 2023, nine days after the communication to Wendling from Long. He writes that the Longs have communicated a willingness to work with Dewberry. Further adjustments need to be made to the agreement. “We are still seeking written confirmation from Warren County,” he writes, “that underground gas pipeline(s) may be constructed in a portion of the sixty-foot right-of-way reservation to support completion of this project.” A letter from VDOT to Wendling dated July 12, 2023, reads, “We have reviewed the Conditional Use Permit (CUP) request, and we do not support dissolving the joint access easement.”

The property Long currently owns, which he purchased from Evelyn Payne, a transaction that transpired alongside and was associated with the 2013 MOA, after a different CUP he had under her ownership dating back to 2007, will revert to his sole possession if the Board of Supervisors agrees to dissolve the 2013 MOA.

Having completed their closed session, which addressed personnel issues pertaining to the Airport Commission before the work session, the board heard a report on delinquency in tax collections from the Warren County Treasurer’s Office; they also heard a tourism update concerning the American Rescue Plan Act (ARPA) as well as a brief report about personnel proceedings from the Warren County Information Technology Department. After these agenda items were processed, the meeting adjourned.

Click here to watch the Warren County Board of Supervisors Work Session of September 12, 2023.