Another challenge to Virginia’s statute authorizing natural gas pipeline companies survey a landowner’s property without that owner’s permission was rebuffed again last week. The 6-1 decision handed down on July 5 arose in the case of a Nelson County, VA landowner, Barr vs. Atlantic Coast Pipeline, LLC (ACP, LLC).
In affirming the trial court’s decision in favor of ACP, LLC, the Supreme Court explained that its decision dealt with Virginia Code § 56-49.01(A) which “allows a natural gas company to gain access to private property for the purpose of conducting surveys and other activities that are only necessary for the selection of the most advantageous route.” The Court said it was “whether the trial court in this case misapplied Code § 56-49.01 and, if so, whether a natural gas company’s subsequent entry onto the property to conduct activities authorized by the trial court results in an illegal taking of private property without compensation under Article I, § 11 of the Constitution of Virginia.” A copy of the decision is available here. For more, see the story below: “Virginia Supreme Court upholds pipeline survey law, but with dissent” from the Richmond Times Dispatch.