Currituck County plans to use its power to seize private property for public use after attempts to buy a land easement in Corolla failed.

Using eminent domain, the county will force landowner Robert DeGabrielle to sell an easement the county needs to complete a flood water drainage project in the Whalehead beach community.

DeGabrielle and the county have disagreed on the price of the easement. The county has offered to pay $11,700 for an easement allowing 20 feet of underground pipe and use of a pond on the property.

DeGabrielle says that figure is too low.

The dispute over the price is likely headed to Superior Court, said County Attorney Ike McRee, who anticipates DeGabrielle will file a lawsuit to contest the county’s use of eminent domain to force the sale of his property.

DeGabrielle could not be reached for comment.

The county’s use of eminent domain is infrequent, said County Manager Dan Scanlon. He said the county has used the process only one other time in the last two years.

The county chose to use eminent domain after reaching an impasse with DeGabrielle over the easement price. Over the course of a few months, DeGabrielle has offered to sell the easement and use of a pond on his property for $450,000. He has also proposed selling the entire tract, which includes the pond, surrounding wetlands and some high land, for $1.3 million.

Using eminent domain, the county can proceed with the project 30 days after serving DeGabrielle notice of the action. The easement won’t affect DeGabrielle’s ability to use the property, county officials said.

The easement will allow the county to complete construction of the first of a three-phase project designed to relieve severe flooding problems in the Outer Banks community. The Whalehead Service District for Drainage Improvements was created several years ago, partly in response to flooding problems like those caused by Tropical Depression Ernesto in 2007. The storm caused widespread flooding in Corolla, damaging numerous beach homes and submerging parts of the resort community for two weeks.

The county has been studying the problem since 2005 and began construction in December 2009 on Phase 1 at a cost of $1.7 million. The project is engineered to draw down the groundwater table using pipes and pumps. By lowering the groundwater table, rainwater can be captured in vegetated basins and filter through the sandy soil, reducing the potential for flooding. The project from Coral to Marlin streets was designed to relieve flooding in the southern portion of the Whalehead neighborhood, County Engineer Eric Weatherly said.

Phase I of the project only required the acquisition of the one easement.

Phase II of the project is under design and the county has plans to begin work this winter if funds are available. Whalehead subdivision residents pay for the drainage project through a special tax assessment, now set at 4 cents per $100 valuation.

Unlike Phase I, the second phase of the project will require the acquisition of several easements. County officials said they do not anticipate more problems acquiring those easements.