On September 30, 2015, Judge Dillon ruled to dismiss the case Nelson and Augusta landowners brought against Dominion in Federal Court, challenging the constitutionality of the “Survey Without Permission” statute, 56-49.01. It is essential to note that Judge Dillon’s ruling only means that the statute (56-49.01) may be valid in some cases, not in every case, as she declined to give a ruling on the “as applied” challenge because Dominion no longer wanted to survey the specific plaintiffs’ properties. Each and every landowner can still challenge the statute in court as it applies to them.
Friends of Nelson continues to urge landowners to refuse survey until forced by a court order. It is the only tool we as property owners have prior to pipeline approval to demonstrate unequivocally that we are opposed to the construction of the ACP on our property and that the state is forcing us to comply. Dominion continues to use the survey numbers in the media as direct evidence of landowner support for the ACP.