Brian Collins grew up in Charlottesville, and his retirement plans include relocating from Alexandria to Waynesboro to enjoy a simpler life.
He bought a house on Shiloh Avenue in the Port Republic neighborhood of the city in 2022 and purchased a piece of property along the South River approximately six months later.
The 38-acre property by the river, near Genicom, is situated between North Park and Basic Park. It is a rugged piece of terrain that is in the flood plain with no access road.
The spring-fed scenic trout stream on the property lured Collins in as an outdoorsman and fisherman who admittedly enjoys camping and hiking.
However, since purchasing the land for $200,000, the retired civil servant said he has been at odds with city staff due to a planned greenway extension that would hug the riverfront on his property and eliminate his desire for privacy.
Phase IV of the South River Greenway in Waynesboro
Temporary and permanent easements are necessary on Collin’s riverfront property for the completion of Phase IV of the South River Greenway, which will connect Waynesboro’s North Park to Basic Park.
The extension, funded by a combination of locally generated revenue and a Virginia Department of Transportation grant, is estimated to cost nearly $1.5 million.
Once complete, the riverside path will connect the city’s Basic Park to North Park to Constitution Park and to the Loth Springs trailhead by the YMCA. Eventually, the greenway will end at Ridgeview Park. The city is currently constructing a sidewalk connection from 14th and Wayne to Magnolia Avenue to include Ridgeview Park on the path.
This city had hoped to complete the North to Basic Park extension in 2024. In a 2023 interview with AFP, Project Manager Stephanie Seltzer said the city was working to secure a right-of-way from a private property owner but after the city was able to get the easement, the extension could happen “rather quickly.”
Eminent domain proceedings under way
Unfortunately, for all parties involved, the negotiations were anything but quick, and the city now feels its only option is to pursue the easements through eminent-domain proceedings in court.
A resolution approved this month by Waynesboro City Council allows the city manager to pursue legal means to obtain temporary and permanent easements on the property, which is currently zoned heavy industrial.
“The city, historically, has been reticent to invoke eminent domain proceedings to obtain property for a public use,” said City Manager Mike Hamp in an email to AFP this morning. “The city considers it to be the option of last resort after all attempts of negotiation have been exhausted, and it is unable to acquire the property at a reasonable price.’
Hamp said eminent domain is the option of last resort for the city.
Collins told AFP he was not aware the city was holding a public hearing earlier this month related to the easements, or he would have attended and spoken directly to council members to share his side of the story.
He did send City Council members an email explaining his concerns but said no one responded to him.
“I’m a huge proponent of bike trails. I think they’re fantastic,” Collins told AFP. “I’m a biker, and I think it makes total sense for the city, and I can understand 100% the popularity [of the greenway].”
When he purchased the land from Allied Concrete, he was told by the company that it had been in negotiations with the city regarding easements related to a greenway extension between the two parks.
“My deed of trust has nothing binding,” Collins said. “I made sure with my lawyers that I knew when I closed on that property, there was no obligation whatsoever.”
He said the city’s stance has been unwavering: they negotiated this with the previous owner, they spent the money to develop the plans, and they are not changing anything at this point.
Landowner suggested alternate path with easements at no cost
In an effort to better understand the city’s plans and work toward a compromise, Collins said he walked the property with Waynesboro Parks and Recreation Department staff.
“The city basically came to me and said, ‘Here’s where we’re putting it, take it or leave it.’
“There were no negotiations with me.”
Collins said he doesn’t have any ill will toward the city or its staff, but admits he is frustrated with how things have played out. He thinks the city is caught between “a rock and a hard place” due to the funding from VDOT.
“The city has insisted that I knew the exact route of it [the greenway when he purchased it], and I’m sandbagging them. It kind of makes me mad, but I really didn’t [know].”
He later learned the plans for the greenway extension would have it be entirely oriented on the riverfront. He was willing to compromise and have it partially along the river and partially meandering through trees like other areas of the greenway.
“I offered and paid for, designed for an alternate path that’s parallel to the city’s route, that is a little bit further from the river, but it’s still a pretty tree-lined path that you get a glimpse of the river.”
He said the route he proposed would take walkers and cyclists through some very old, beautiful walnut trees, but he said city staff was reluctant telling him they “worried” about costs related to potential Native American burial remains or some other archeological significant finding with the shift.
To date, the city hasn’t shown him any evidence that there have been discoveries of this nature in the area, he said.
The city rejected his proposed path and have “never made one concession on relocating one inch of that trail,” Collins said.
Collins: Original offer for easements was $35K, down to $4K
While the city didn’t appear open to a compromise on the location of the greenway extension, it did initially agree to purchase the required easements from Collins for $35,000, he said. They also told him they would allow him the opportunity to purchase adjacent city land at fair market value, according to an email he sent to City Council members.
He demurred, he said, because the offer removed his ability to recreate along the riverfront in privacy.
“I hesitated, yet ultimately agreed to that amount/deal,” he said. “When I accepted, the city said the deal was off the table,” and he said they lowered the offer for the easements to $8,000.
The city later sought an appraisal of the land and now estimates the value at $4,100.
Last year in May, Collins received a letter via Federal Express signed by Seltzer about its wish to obtain one permanent easement, roughly 30 feet in width, and two temporary easements to construct the greenway. Any questions regarding the offer were to be discussed with the city attorney’s office, Litten & Sipe LLP, who were now handling the negotiations.
Hamp said the city must protect taxpayers dollars and refused to waste tax dollars paying “any exorbitant price a property owner demands.”
“While the city must be respectful of an owner’s property rights and pay full value for the property, the city also must protect the taxpayers’ money and not simply pay any exorbitant price a property owner demands,” Hamp told AFP. “When that balance is heavily tipped in favor of the property owner, the city must resort to eminent-domain proceedings to ensure everyone is treated fairly and tax dollars are not wasted.
“In this case, as litigation is pending, it is best left for the court to resolve. I can say, however, that, unfortunately, the Collins property is one of these rare instances,” said Hamp.
Fantastic location for tourist hub in Waynesboro
Collins said he bought the land as a potential investment property but had hopes to work with city leaders to explore options to draw tourists for the betterment of the city. However, he said, the city hasn’t expressed any interest in his ideas.
An appraiser, according to documents he provided to AFP, said Collins was considering options for the land including a BMX track or campground or other recreational use taking advantage of the parcel’s river frontage.
“I don’t have these grand schemes for getting rich, and like said, I really feel like it’s a valuable parcel for the city to explore recreation, to drive tourism and build the tax base with outdoor recreation,” Collins said. “It’s close to downtown. You could ride your bike from there to downtown in less than 10 minutes. You know, it’s a fantastic location.”
Collins feels the city is pursuing legal means because they know he doesn’t have deep pockets and the cost of hiring a lawyer to fight the city could be exorbitant. He thinks the action by the city is designed to “tighten the screws” on him and “intimidate” the little guy, an outsider.
“It’s been hardball negotiations, in my opinion.”
If he spends the money to fight the city, he knows the odds of a judge siding with him are “not great.”
“Why does it have to be 100 percent on the river? I was hoping we could agree to split the difference.”
A dream or a nightmare?
The purchase of the land was a dream come true for the Navy retiree, he said. It brought him happiness to think about spending his retirement with family and friends … fishing, canoeing and camping there.
“To be honest with you, if I just had it for my personal use to camp along the river and invite my friends, that would probably satisfy me.”
He said he had a tent on the land temporarily as a base of operation and for the occasional overnight, and he was told by the city that it was illegal and needed to be removed.
“I complied,” he said, “however I was dismayed by the order that I could not overnight on my own 38-acre wooded parcel.
“This isn’t a money-making venture, although I would say that my instinct is not to lose money,” he said. “I don’t have deep pockets. I don’t have any business. I’m just a retired civil servant.”
It has been difficult for him to think about the possibilities for the property, personal or otherwise, until the property is rezoned and the greenway’s path, wherever it ends up, is finalized once and for all.
“I’m not a happy camper,” Collins said. “It’s been a long process, and it does disable my ability to pursue anything there while this is held up in these extended negotiations.”
He said there are other riverfront owners, above and below his land, that are also likely disappointed that the city is going to come in and have their way, no matter what.
“I’ve always wanted to own land, and I love fishing, and I love canoeing, and I love the river there. I won’t have the private use of the land along the river that I envisioned when I purchased it. I just loved it, and I could afford it.”
Hamp said that he’d like to discuss or share more information with AFP on the matter, but legal counsel has told him it is not advisable due to pending court proceedings.
Downloads/further reading
- Alternate greenway path proposed by Collins (.pdf)
- Property map including city’s proposed greenway path (.pdf)
- South River Greenway website
- Phase IV, South River Greenway extension website
Related stories
For more coverage, search “South River Greenway” on Augusta Free Press.
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Crystal Graham
