Judge rules in pipeline case involving 37 landowners
NELSON COUNTY — A judge has ruled in a case involving 37 landowners in Nelson County who refused to allow Dominion to survey their property for the construction of a natural gas pipeline.
Nelson County Circuit Court Judge Michael T. Garrett said more specific information on dates is required before properties can be surveyed for a proposed Atlantic Coast Pipeline (ACP).
In September 2014, Dominion, along with Duke Energy, Piedmont and AGL formed ACP to construct a proposed 556-mile natural gas pipeline running from West Virginia through Virginia to North Carolina, according to the company’s U.S. Securities and Exchange Commission filings.
ACP is waiting approval from the Federal Energy Regulatory Commission (FERC) to have the pipeline in service by late 2018.
In a 20-page ruling, Garrett upheld ACP’s right to perform the surveys as long as specific information is included in notification to landowners.
“We’re pleased the court has affirmed our right to perform surveys under the Virginia statute,” said Dominion Energy Spokesman Aaron Ruby. “Consistent with every other state and federal court that has examined the issue, the Nelson court concluded that Virginia’s survey statute is constitutional and that surveying performed with proper notification is not a trespass.”
Nancy Sorrells, co-chair of the Augusta County Alliance, said the ruling is important because it shows the “slip-shod and downright disrespectful” treatment Dominion has shown landowners and communities.
“From the very beginning, Dominion has created a culture of disrespect among the communities that will be negatively impacted by this pipeline project,” Sorrells said. “The fact that Dominion and its contractors presumed that they could simply appear at their convenience and not respect the private property rights of our citizens is appalling.”
Sorrells said Dominion has committed a number of egregious acts including disruptive low-flying aerial surveys and misinformation to landowners about surveys.
“Even if this natural gas were needed, which it has been proven that it is not, this is no way to treat the people whose lives will be turned topsy-turvy by the ACP,” Sorrells said. “If nothing else Dominion needs to take a crash course in proper etiquette and respect.”
Garrett said natural gas companies have the right to survey properties once the specific terms outlined in his ruling are met.
He said, “certainly landowners have a right to be present upon their own property to observe the process, if they so desire, to insure that the statutory requirements are not violated....to ensure that mechanical equipment is not used..., archaeological artifacts not be removed..., and any damage done to the property by the crews documented.”
Ruby said they are revising the notices sent to landowners. “In accordance with the court’s opinion, we will revise our landowner notices to include more specific dates and durations of the surveys so that we may proceed with surveying these remaining properties,” he said.
Randy Whiting, a resident of Horizons Village who is a defendant in the case, said they plan to continue to deny Dominion access to his property until “they abide by the law.”
“This is yet another example of Dominion failing to respect the rights of Nelson County property owners,” said Ernie Reed, President of Friends of Nelson.