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Hampton may use eminent domain as major road project moves forward

City could use eminent domain against Home Depot to get needed easements
Hampton may use eminent domain as major road project moves forward
1400 block of N Armistead Ave
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HAMPTON, Va. — A major project on a busy stretch of road in Hampton is moving forward. At the same time, the city is preparing to potentially take legal action to keep it moving forward.

Starting in the spring of 2026, expect to see construction on the half-mile stretch of Armistead Ave. between Convention Center Blvd. and Thomas St.

Watch: Chance for rain, multiple systems in Atlantic put spotlight on flooding in Hampton Roads

Chance for rain, multiple systems in Atlantic put spotlight on flooding in Hampton Roads

“This is a road-raising project to help mitigate the flooding that occurs out here," said Hampton Coastal Resilience Engineer Scott Smith. "This particular project, I think, is somewhat unique and, therefore, we're kind of the first in the region doing this."

The city sent News 3 a picture showing how bad the flooding can be.

N Armistead Ave flooded

“When this road floods, it impedes emergency response. It impedes people from getting to places they need in an emergency," Smith explained. "We think that this is definitely a scalable project, and we have other areas we'd be looking to do the same in the city."

The plan is to raise the road about four feet and add a shared use path that will connect to the path that already exists around nearby Lake Hampton.

N Armistead Ave road raising plan

The project was scheduled to go out to bid the week of October 6. Problem is, Home Depot sits in this stretch of Armistead Ave. and, as of Tuesday, had not been willing to give up the land the city needs for the work.

“We need a temporary construction easement of .085 acres and a permanent drainage easement of .056 acres," Deputy Hampton City Manager Brian Deprofio said at the September 24 Hampton City Council meeting.

At the meeting, Council approved a resolution giving the city the option to compensate Home Depot for the land and then take the land. It’s a process known as eminent domain.

“While the city would prefer to negotiate these easements and will continue to try to do so with the property owner, in order to ensure the project moves forward we are asking council to authorize us to use the power of eminent domain if necessary," said Deprofio.

In a statement, Home Depot told News 3, "We’ve been in touch with the city on the proposal and believe an agreement is possible."

The road project is expected to cost about $20 million and take three years to complete.