Category Archives: Landowners

You Can’t Just “smooth it back over”

So often we hear pipeline proponents say that after it is built you won’t know it is there. As Robert Pollok says, “So many people think that once they’re done, [and] smooth it back over, that you can just pop it up and plant something. And that just doesn’t happen that way.”

In the April 7, 2019, article in GoDanRiver.com, Pittsylvania County farmer sheds light on how pipeline project will affect land for years to come, Pollok explains how pipeline construction would affect his small-grain seed production operation. Mountain Valley Pipeline’s proposed Southgate extension project would run through his land and through two different properties he leases. During construction he would be unable to get farm equipment across MVP’s work zone to reach both a part of his own property and one of his leased properties which is only accessible through the part of his land that would be inaccessible. He estimates that at least 55 acres of crop land could be inaccessible during construction spanning two growing seasons.

“Pollok said he’s concerned about whether he’ll be able to grow enough to satisfy the customer base the farm has built up over 30-plus years. He’s also concerned that he will not have the option of expanding during that time. …. As a farmer in the highly-regulated certified seed production industry, Pollok’s products undergo several stages of scrutiny, from field inspections prior to harvest by state agents to sending his yield to the state to undergo a series of quality tests. ‘If it does not meet the criteria for certified seed at that point, even before I harvest it, it’s rejected for being able to be kept for seed, and it cannot be sold for seed,’ said Pollok. The seed must be free of any contamination from weeds and disease as well as be genetically pure, otherwise it’s prohibited from sale of any kind. …. Therefore, he keeps his fields carefully controlled. His equipment is only used on his own fields so as not to potentially transfer weeds from another farmer’s field to his.”

Beyond inhibiting his ability to farm parts of his land during the proposed construction, Pollok says it will take years to reverse the harm to the land caused by construction in the temporary workspaces. In 1990 his family acquired the section of land where Southgate wants to build, and “it took them more than a decade to fix the very sections damaged by the construction of the Transco pipeline in 1954. ‘It still had remnants of uneven ground and unproductive soil,’ said Pollok. ‘It was close to the early 2000s before we had it where you couldn’t say, “Oh, this was where the pipeline was,”‘ he said. ‘The crops wouldn’t be lagging in yield quality because of where that construction took place decades before.'”

And every time crews come to do work or make repairs to the pipeline, they damage the land again. “Driving up his driveway to his house, Pollok pointed out the vehicle’s window to the spot where the crews had worked a few years ago. Compared to the ground around it, grass grew more sparsely with patches of dirt clearly visible. Thick grass lined the perimeter of the former work zone. ‘Stuff still doesn’t grow right, and that was four years ago,’ he said.”

Pollok thinks it would take at least five years after construction to heal the land. During construction and during the healing time thereafter, his yield – and therefore his livelihood – would be severely reduced, and he wonders if he would ever regain the lost business. “So many people think that once they’re done, [and] smooth it back over, that you can just pop it up and plant something. And that just doesn’t happen that way.”

Read the full article here.

People in the Path of the Pipelines


The Appalachian Voice for February/March 2019 includes a second installment in their “People in the Path of the Pipeline” series. There are stories from people in the path of the Atlantic Coast, Mountain Valley, Mountain Valley Southgate, and Mountaineer Xpress Pipelines. Read the February 2019 set of stories here, and the earlier April/May 2018 stories here.

Dominion Withdraws Quick Take Suits

Dominion has withdrawn the Quick Take suits they filed on November 16, 2018, against at least 20 Nelson landowners. Given the multiple existing court challenges, it seems likely that ACP feared the court might side with the landowners who are at risk of suffering irreparable harm at the hands of a project that may never even be built. The ACP has, however, reserved the right to re-file another “motion for partial summary judgement” or Quick Take at any time.

“Quick Take” is a formal process of the exercise of eminent domain in which the government (or in this case, a private for-profit company masquerading as a “public” utility) takes possession BEFORE any court ruling on compensation. In other words, Dominion wanted access to begin work on these landowners’ properties BEFORE paying the landowners any money, and BEFORE receiving all permits allowing the ACP to begin construction.

Quick Take


On Friday, November 16th, the Atlantic Coast Pipeline and Dominion filed for Quick Take in the US Western District of Virginia Federal Court in Lynchburg. Quick Take takes away the constitutional right to due process for every defendant. It also usurps Congressional authority to make and change laws. Call your Senator and Congressional Representative and tell them to issue a statement telling the courts to stand down!

The video is a crash course explanation of Quick Take and Eminent Domain as it relates to gas pipelines and to the Atlantic Coast Pipeline specifically. Richard Averitt, Nelson County landowner, explains Quick Take in lay terms.

Dominion Holiday Cheer – Not!


Dominion has just filed petitions for “quick take” against at least 21 Nelson landowners, who will now have to deal with making court filings and appearances during the holidays. Petitions were filed in the US Western District of Virginia Federal Court in Lynchburg.

“Quick take” is a formal process of the exercise of eminent domain in which the government (or in this case, a private for-profit company masquerading as a “public” utility) takes possession BEFORE any court ruling on compensation. In other words, Dominion wants access to begin work on these landowners’ properties BEFORE paying the landowners any money, and BEFORE all permits are in place to allow the ACP to begin construction. Some of the 21 landowners were completely unaware that Dominion had filed against them until the Friends of Nelson Landowner Liaison called them with the information. And some landowners had never even been served with notice of the ORIGINAL condemnation lawsuit, even though it had been filed with the court over a month ago!

Dominion loves filing lawsuits as holiday gifts. In the week before Christmas 2014 they began suing landowners who had refused permission for Dominion to survey their property. Dominion filed lawsuits against 27 Augusta County residents and 20 in Nelson County, requesting the court’s permission to enter the properties and survey potential Atlantic Coast Pipeline routes. Reporting on the filings, the Richmond Times Dispatch quoted Dominion officials, who, by the end of December 2014, expected “to file suit against 56 landowners in Augusta and 122 in Nelson. The court would then start serving notices during the first week of January, and those property owners would have three weeks to answer the complaint. A court date would then be set for hearings in each case.”

It is worth noting that a federal court in North Carolina has issued a stay against ACP’s attempt to acquire rights to a NC property by eminent domain, citing the fact that there are pending legal challenges to the ACP that could result in reexaminiation of the project (see story below). Further, last week in New York a state court ruled that a different pipeline company could not use eminent domain proceedings to cross a landowner’s property because the NY State Water Control had denied the permit for the project.