A. Any firm, corporation, company, or partnership, organized for the bona fide purpose of operating as a natural gas company as defined in 15 U.S.C. § 717a, as amended, may make such examinations, tests, hand auger borings, appraisals, and surveys for its proposed line or location of its works as are necessary (i) to satisfy any regulatory requirements and (ii) for the selection of the most advantageous location or route, the improvement or straightening of its line or works, changes of location or construction, or providing additional facilities, and for such purposes, by its duly authorized officers, agents, or employees, may enter upon any property without the written permission of its owner if (a) the natural gas company has requested the owner's permission to inspect the property as provided in subsection B, (b) the owner's written permission is not received prior to the date entry is proposed, and (c) the natural gas company has given the owner notice of intent to enter as provided in subsection C. A natural gas company may use motor vehicles, self-propelled machinery, and power equipment on property only after receiving the permission of the landowner or his agent.
B. A request for permission to inspect shall (i) be sent to the owner by certified mail, (ii) set forth the date such inspection is proposed to be made, and (iii) be made not less than 15 days prior to the date of the proposed inspection.
C. Notice of intent to enter shall (i) be sent to the owner by certified mail, (ii) set forth the date of the intended entry, and (iii) be made not less than 15 days prior to the date of mailing of the notice of intent to enter.
D. Any entry authorized by this section shall not be deemed a trespass. The natural gas company shall make reimbursement for any actual damages resulting from such entry. Nothing in this section shall impair or limit any right of a natural gas company obtained by (i) the power of eminent domain, (ii) any easement granted by the landowner or his predecessor in title, or (iii) any right-of-way agreement, lease or other agreement by and between a natural gas company and a landowner or their predecessors in title or interest.
2004, c. 829.
Notes of Decisions
Palmer v. Atl. Coast Pipeline, LLC (2017)
va · cites it 90×
“Ricketts, III, Judge In this appeal, we consider whether a foreign corporation may exercise the entry-for- survey privilege given to natural gas companies by Code § 56-49.01. We also consider whether Code § 56-49.”
Barr v. Atlantic Coast Pipeline, LLC (2018)
va · cites it 301×
“” The landowners demurred, asserting that (1) the allegations in ACP’s petition “fail to meet the pre-entry requirements of Va. Code § 56-49.01;” (2) the activities authorized by Code § 56-49.”
Chaffins v. Atl. Coast Pipeline, LLC (2017)
va · cites it 50×
“MIMS In this appeal, we consider whether a natural gas company's notices of intent to enter private property complied with Code § 56-49.01. I. Background and Procedural History The Atlantic Coast Pipeline, LLC ("ACP") is a public service company "engaged in the underground…”
Klemic v. Dominion Transmission, Inc. (2015)
vawd · cites it 63×
“Virginia Code § 56-49.01 authorizes a natural gas company to enter private property without the landowner’s written permission and perform a survey for.”
Little v. Dominion Transmission, Inc. (2015)
vawd · cites it 41×
“To determine whether the property is suitable for the project, Dominion intends to enter and conduct a survey, in accordance with Virginia Code § 56-49.01. Seeking to prevent Dominion from entering the property, the Littles filed this action, alleging that Dominion’s entry would…”
Atlantic Coast Pipeline, L.L.C. v. Avery (2016)
vaccnelson · cites it 79×
“ACP, pursuant to Virginia Code § 56-49.01, has sent notice to the landowners requesting permission to inspect their land along the proposed route.”
Palmer v. Atlantic Coast Pipeline (2017)
va · cites it 42×
“Ricketts, III, Judge In this appeal, we consider whether a foreign corporation may exercise the entry-for- survey privilege given to natural gas companies by Code § 56-49.01. We also consider whether Code § 56-49.”
Atlantic Coast Pipeline, L.L.C. v. Wadsworth (2015)
vaccaugusta · cites it 11×
“Plea in Bar; Whether ACP Is a Public Service Company Defendants Wadsworth and Palmer contend ACP cannot seek enforcement of Va. Code § 56-49.01 because it does not meet the definition of a “public service company” under Virginia law.”
— Va. Code Ann. § 56-49.01(A) — 5 cases
Barr v. Atlantic Coast Pipeline, LLC (2018)
va
“” The landowners demurred, asserting that (1) the allegations in ACP’s petition “fail to meet the pre-entry requirements of Va. Code § 56-49.01;” (2) the activities authorized by Code § 56-49.”
Chaffins v. Atl. Coast Pipeline, LLC (2017)
va
“MIMS In this appeal, we consider whether a natural gas company's notices of intent to enter private property complied with Code § 56-49.01. I. Background and Procedural History The Atlantic Coast Pipeline, LLC ("ACP") is a public service company "engaged in the underground…”
Klemic v. Dominion Transmission, Inc. (2015)
vawd
“Virginia Code § 56-49.01 authorizes a natural gas company to enter private property without the landowner’s written permission and perform a survey for.”
Little v. Dominion Transmission, Inc. (2015)
vawd
“To determine whether the property is suitable for the project, Dominion intends to enter and conduct a survey, in accordance with Virginia Code § 56-49.01. Seeking to prevent Dominion from entering the property, the Littles filed this action, alleging that Dominion’s entry would…”
Atlantic Coast Pipeline, L.L.C. v. Avery (2016)
vaccnelson
“ACP, pursuant to Virginia Code § 56-49.01, has sent notice to the landowners requesting permission to inspect their land along the proposed route.”
— Va. Code Ann. § 56-49.01(B) — 1 case
Atlantic Coast Pipeline, L.L.C. v. Avery (2016)
vaccnelson
“ACP, pursuant to Virginia Code § 56-49.01, has sent notice to the landowners requesting permission to inspect their land along the proposed route.”
— Va. Code Ann. § 56-49.01(C) — 3 cases
Chaffins v. Atl. Coast Pipeline, LLC (2017)
va
“MIMS In this appeal, we consider whether a natural gas company's notices of intent to enter private property complied with Code § 56-49.01. I. Background and Procedural History The Atlantic Coast Pipeline, LLC ("ACP") is a public service company "engaged in the underground…”
Barr v. Atlantic Coast Pipeline, LLC (2018)
va
“” The landowners demurred, asserting that (1) the allegations in ACP’s petition “fail to meet the pre-entry requirements of Va. Code § 56-49.01;” (2) the activities authorized by Code § 56-49.”
Atlantic Coast Pipeline, L.L.C. v. Avery (2016)
vaccnelson
“ACP, pursuant to Virginia Code § 56-49.01, has sent notice to the landowners requesting permission to inspect their land along the proposed route.”
— Va. Code Ann. § 56-49.01(D) — 5 cases
Barr v. Atlantic Coast Pipeline, LLC (2018)
va
“” The landowners demurred, asserting that (1) the allegations in ACP’s petition “fail to meet the pre-entry requirements of Va. Code § 56-49.01;” (2) the activities authorized by Code § 56-49.”
Klemic v. Dominion Transmission, Inc. (2015)
vawd
“Virginia Code § 56-49.01 authorizes a natural gas company to enter private property without the landowner’s written permission and perform a survey for.”
Chaffins v. Atl. Coast Pipeline, LLC (2017)
va
“MIMS In this appeal, we consider whether a natural gas company's notices of intent to enter private property complied with Code § 56-49.01. I. Background and Procedural History The Atlantic Coast Pipeline, LLC ("ACP") is a public service company "engaged in the underground…”
Little v. Dominion Transmission, Inc. (2015)
vawd
“To determine whether the property is suitable for the project, Dominion intends to enter and conduct a survey, in accordance with Virginia Code § 56-49.01. Seeking to prevent Dominion from entering the property, the Littles filed this action, alleging that Dominion’s entry would…”
Atlantic Coast Pipeline, L.L.C. v. Avery (2016)
vaccnelson
“ACP, pursuant to Virginia Code § 56-49.01, has sent notice to the landowners requesting permission to inspect their land along the proposed route.”
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