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Va. Supreme Court to Hear Appeal on Atlantic Coast Pipeline

Posted: Updated: Sep 21, 2016 09:48 AM
Protest to Dominion's proposed Atlantic Coast Pipeline in Nelson County Protest to Dominion's proposed Atlantic Coast Pipeline in Nelson County
AUGUSTA COUNTY, Va. (WVIR) -

There’s a big break for those against the controversial Atlantic Coast Pipeline. The Virginia Supreme Court will now hear an appeal after an Augusta County Circuit Court judge ruled surveyors could come on one Nelson County woman's private property.

An attorney for the property owner says he's grateful the state Supreme Court will take up the issue and hopefully clarify private property rights in the Virginia Constitution.

The appeal, which was granted Friday, September 16, found two faults in the original trial rulings.

Court documents indicate the justices will determine if Atlantic Coast Pipeline, LLC can use a section of state code on natural gas companies to enter private property. The LLC is the group building the pipeline.

Lawyers for the property owner say the LLC is not registered with the state corporation and should not be considered a public service company.

Court documents also suggest the original rulings may have violated the state constitution and infringe the fundamental right to private property.

The property owner's lawyer says any decision will only affect those who have not given permission for pipeline surveyors to come on their land.

Attorneys will have to argue their cases in front of all seven justices at the Virginia Supreme Court. That will likely happen in January.     

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