The Mountain Valley Pipeline (MVP) is not vested with the right of eminent domain to survey land, so ruled the West Virginia Supreme Court of Appeals on November 15. The decision affirms an August 2015 ruling by the Circuit Court of Monroe County, WV that the MVP “is not vested with the power of eminent domain insofar as its pipeline is not for a public use.” The Circuit Court based its conclusion “on the fact that no West Virginia consumer would use any of the gas to be transported in MVP’s pipeline. MVP contended that surveying does not require a finding of public use. The Supreme Court disagreed, based upon explicit language in West Virginia Code Section 54-1-3. A copy of the opinion is available here.
West Virginia Supreme Court Strikes Down MVP Pipeline Surveys