Easements

Two articles of interest to landowners with ACP easement agreements.

We remind our readers that the easements are not gone now that the ACP has been cancelled, and that under the law, landowners still do not have full use of their land. For example, unless ACP formally releases them from the easements, they are not allowed to build on it. And if they want to sell it, those restrictions carry with the land.

An August 15, 2020 article in the News and Advance, A look at the Atlantic Coast Pipeline easement process that left Nelson landowners $15 million richer, reports extensively on easement payments in Nelson County, including a chart by categories showing total amounts of compensation for easements signed by Nelson landowners. Note that the headline is deceptive, as more than half of the $15 million went to a very few landowners, and most received far less. Nor did this article take into account the 30% cut that lawyers got, or the thousands of dollars in other fees (like appraisers) that some landowners had to pay to be able to fight to get for the settlements they actually got, or the income taxes most of the landowners had to pay on this “windfall”.  

An August 15, 2020 article by Irene Leech, Landowners be advised, in the Friends of Buckingham newsletter suggesting landowners “may want to take any available opportunity to express the desire to have damage repaired and to regain easement ownership to political leaders and company representatives.” The Atlantic Coast Pipeline would have bisected Leech’s Buckingham County family farm for 1.1 mile and her home in Montgomery County, VA is within the evacuation zone of the Mountain Valley Pipeline.