Permits
I don't understand
Part 1 ("My" approach)
1995.05.17 (Stuart Waymack to Anthony O’Connell)
"Dear Mr. O'Connell:
SUBJECT: Former Property of Terry Henkle, Parcel 010 and
D. H. A. & H. T. Hiner, Parcel 011
Reference is made to your letters of March 16 and May 12, 1995, and your telephone conversation of May 12 with Mr. Art Taylor regarding your request to purchase surplus Virginia Department of Transportation’s (VDOT'S) right of way on Route 220 in Highland County.
We have reviewed your request and have determined that the area indicated on the drawing attached to your May 12 letter is not available. Since VDOT constructed the channel change in this area we have a responsibility for any future maintenance that may be needed. Prior to our preliminary field review we thought there may have been more land than we needed beyond the river's bank on the east side. This was found not to be the case.
Your approach through an entrance permit would appear to be the most logical way to access the property.
Thank you for your interest in our property.
Sincerely,
S. A. Waymack
State Right of Way Engineer"
1997.11.03 (David Gehr to Charles Colgan)
"November 3, 1997
The Honorable Charles J. Colgan
Member, Virginia State Senate
P. 0. Box 1650
Manassas, Virginia 20108-1650
Dear Senator Colgan:
This is in reply to your letter dated October 17, 1997 regarding correspondence you received from Mr. Anthony M. O’Connell concerning access to his property in Highland County.
Mr. O’Connell has previously written two U.S. Senators, Congressman Bob Goodlatte, State Senators Malfourd Trumbo, H. Russell Potts, Jr., Kevin G. Miller, Kenneth W. Stolle, and Delegates J. Randy Forbes and Flora Davis Crittenden, as well as the Governor and the Department of Transportation. These individuals either responded directly to Mr. O’Connell or referred the matter to the Attorney General for response.
Mr. O’Connell had previously contacted the local Resident Engineer, Jerry R. VanLear, for a permit. The Department routinely grants permits of this type. The permittee then performs the work required by the permit. One aspect of Mr. O’Connell’s request for a permit concerned fording the Jackson River, which the Commonwealth owns, over which the Department of Transportation has no jurisdiction. Therefore, Mr. O’Connell was advised to deal with the Virginia Marine Resources Commission and the Corps of Engineers. From my viewpoint, it appears the Department of Transportation
has handled this matter in accordance with its policies and the law.
I believe this current issue has moved into the legal arena and the Attorney General's Office has already provided Mr. O'Connell with their opinion concerning his views. I do not know of any additional issues identified by Mr. O’Connell for which the Department of Transportation has authority.
If I can be of further assistance, please let me know
David E. Gehr
Commissioner"
1996.09.20 (John Beall to Russell Potts, Jr.)
"The Honorable H. Russell Potts, Jr.
Member, Senate of Virginia
11 8 South Cameron Street
Winchester, Virginia 22601
Re: Anthony M. O'Connell
Virginia Department of Transportation
Route 220; Highland County
Dear Senator Potts:
The Attorney General asked me to respond to your recent letter you sent containing a packet of material that Mr. O'Connell, your constituent, had sent to you.
Mr. O'Connell has sent a similar package of material to a number of legislators, state and federal. I enclose the response that the Department of Transportation gave to Senator Trumbo. I also enclose a copy of the response that Senator Kevin Miller gave to Mr. O'Connell.
I have reviewed the material that you furnished. Mr. O'Connell's initial approach to the Department of Transportation sought to invoke § 33.1-199 in order to have the entrance that the Department acquired in 1935 replaced. That statute did not come into existence until 1938, so that statute cannot be used to require the Department to replace the entrance.
It appears, as well, that the Department and Mr. O'Connell's predecessor in title reached an agreement in 1935, which would bind all of Mr. Hiner's successors in title. With the passage of time any breach of that agreement made with Mr. Hiner cannot be enforced legally.
The second approach to the Department involves Mr. O'Connell seeking an entrance permit. The Department routinely grants those permits. The permittees then do the work required by the permit. I share with you a copy of an Official Opinion dated April 8, 1975 that opines that a landowner can be required to pay for items that are installed on the right-of-way pertaining to an entrance. With respect to working in or crossing the Jackson River, which the Commonwealth owns, the Department of Transportation has no jurisdiction over it, so Mr. O'Connell was advised to deal with the Virginia Marine Resource Commission and the Corps of Engineers, It appears to me that the Department of Transportation has handled this matter in accordance with its policies and the law.
In sum, the Attorney General is not in a position to assist Mr. O'Connell. I hope that this is responsive to your letter.
Sincerely, John J. Beall, Jr.
Senior Assistant Attorney General
56/157 (jjb: 1toconel.pot)"
(John Beall's enclosures totaling six pages)
1996.09.20 (John Beall to Kenneth Stolle)
The Honorable Kenneth W. Stolle
Member, Senate of Virginia
780 Lynnhaven Parkway, Suite 299
Virginia Beach, Virginia 23452
Re: Anthony M. O'Connell
Dear Senator Stolle:
The Attorney General asked me to respond to your recent letter in this matter. I do not believe an official ruling is necessary.
I have reviewed the material that you furnished. Mr. O'Connell's initial approach to the Department of Transportation sought to invoke § 33.1-199 in order to have the entrance that the Department acquired in 1935 replaced. That statute did not come into existence until 1938, so that statute cannot be used to require the Department to replace the entrance.
It appears, as well, that the Department and Mr. O'Connell's predecessor in title reached an agreement in 1935, which would bind all of Mr. Hiner's successors in title. With the passage of time any breach of that agreement made with Mr. Hiner cannot be enforced legally.
The second approach to the Department involves Mr. O'Connell seeking an entrance permit. The Department routinely grants hose permits. The permittees then do the work required by the permit. I share with you a copy of an Official Opinion dated April 8, 1975 that opines that a landowner can be required to pay for items that are installed on the right-of-way pertaining to an entrance. With respect to working in or crossing the Jackson River, which the Commonwealth owns, the Department of Transportation has no jurisdiction over it, so Mr. O'Connell was advised to deal with the Virginia Marine Resource Commission and the Corps of Engineers. It appears to me that the Department of Transportation has handled this matter in accordance with its policies and the law.
With respect to any problem obtaining the entrance permit, the Department's Land Use Permit Manual provides a mechanism to appeal the Resident Engineer's denial of the permit, which the material that you furnished does not indicate has happened yet.
There is no requirement that the Department pay for the work done on the Department's right of way to construct a private entrance. Routinely, such permits are granted and when the entrance is constructed, curb and gutter are required as well as additional paving. I share with you an Official Opinion of the Attorney General dated April 8, 1975 which speaks to the issue of requiring persons to implement the entrance standards at his own expense. The opinion's conclusion is that such a requirement constitutes a valid exercise of the police power.
I hope that this is responsive to your letter.
Sincerely, John J. Beall, Jr,
Senior Assistant Attorney General
56/157 (jjb: ltoconel.sto)
(John Beall's enclosures totaling six pages)
1996.09.20 (John Beall to Jay Katzen)
"The Honorable Jay Katzen
Member, House of Delegates
Post Office Box 3004
Warrenton, Virginia 22186
RE: Anthony M. O'Connell
Virginia Department of Transportation
Route 220; Highland County
Dear Delegate Katzen:
The Attorney General asked me to respond to your recent letter regarding this matter.
Mr. O'Connell has sent a similar package of material to a number of legislators, state and federal. I enclose the response that the Department of Transportation gave to Senator Trumbo. I also enclose a copy of the response that Senator Kevin Miller gave to Mr. O'Connell.
I have reviewed the material that you furnished. Mr. O'Connell's initial approach to the Department of Transportation sought to invoke § 33.1-199 in order to have the entrance that the Department acquired in 1935 replaced. That statute did not come into existence until 1938, so that statute cannot be used to require the Department to replace the entrance.
It appears, as well, that the Department and Mr. O'Connell's predecessor in title reached an agreement in 1935, which would bind all of Mr. Hiner's successors in title. With the passage of time any action on that agreement made with Mr. Hiner by the Department cannot be maintained.
The second approach to the Department involves Mr. O'Connell seeking an entrance permit. The Department routinely grants those permits. The permittees then do the work required by the permit. I share with you a copy of an Official Opinion dated April 8, 1975 that opines that a landowner can be required to pay for items that are installed on the right-of-way pertaining to an entrance. With respect to working in or crossing the Jackson River, which the Commonwealth owns, the Department of Transportation has no jurisdiction over it, so Mr. O'Connell was advised to deal with the Virginia Marine Resource Commission and the Corps of Engineers. It appears to me that the Department of Transportation has handled this matter in accordance with its policies and the law.
In sum, the Attorney General is not in a position to assist Mr. O'Connell. I hope that this is responsive to your letter.
Sincerely, John J. Beall, Jr.
Senior Assistant Attorney General
56/157 (ijb: katzen)"
(John Beall's enclosures totaling six pages)
Part 2 (explain)
I eventually realized that my getting a permit(s) for a crossing, even though it was the only option allowed, could be used to take away my legal right to have the Commonwealth provide the crossing. My getting a permit would be saying I would provide the crossing so I did not get any permits.
Sometime around 2000-2005 I made a temporary ford at this location where I owned both sides of the river. No permits were required and I did not ask for any permits.
If anyone says that I got a permit please ask them to send me a copy.
Part 3
If I had gotten a permit, how do you projected treatment of me?
Does history suggests that I would be teated the same way
If I had gotten a permit, how would I be treated in carrying out that permit?
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