Court Rules in Favor of Nelson Landowners in Survey Notice Suit

Judge Garrett, Nelson County Circuit Court Judge, has just issued a ruling, dated May 9, 2016, in favor of a group of Nelson County landowners, saying Atlantic Coast Pipeline LLC failed to comply with VC 56-49.01 and failed to specify a date of entry to perform surveys. The ruling states:

  • that by the express terms of the statute, the Legislature requires that the landowner be given notice of the intended date of entry
  • that the second notices are legally insufficient as 56-49.01(C) requires that the Notice shall “set forth the date of the intended entry”
  • that the language “on or after” does not set forth the date of intended entry
  • and that therefore the Notice of the Date of Intended Entry is not legally sufficient.

See the full ruling here, with the specifics on pages 15-19.