Currently, Dominion is awaiting the outcome of at least 53 suits in Nelson County against property owners who have refused permission to survey. Dominion sued these people to force access to their properties for surveying under VA code 56-49.01, the “Survey without Permission” statute. For the second year in a row, bills have been introduced in the VA House (HB 1118) and Senate (SB 614) to repeal 56-49.01. If 56-49.01 were repealed this session, these Nelson property owners and others on the route in the same position would be able to continue to fight the pipeline on their property.

We have a good sense from experience last year what the legislators will say to each other to kill the repeal bills before they ever get out of committee.

1. VA 56-49.01, which HB1118/SB614 repeals – deals ONLY with natural gas pipelines. See 56-49.01 here.
2. Repealing VA 56-49.01 will not affect surveying for other types of utilities.
3. VA 56-49.01 was enacted in 2004. It did not replace any other type of legislation that forced people to allow access. Gas pipelines WERE built in VA before 2004. Therefore, there IS a way to survey without forcing people.
4. Repealing 56-49.01 would provide an incentive, now wholly absent, to companies to propose only responsible, necessary projects that are in the public interest, and to treat property owners fairly.
5. The Federal Natural Gas Act grants companies the right to force people to allow survey, IF FERC grants the Certificate of Public Convenience and Necessity at the end of the regulatory process. A judge would determine the terms of access.
6. WV’s gas pipeline survey law only allows force if the pipeline is deemed in the public interest. 56-49.01 has no such clause.