*****MUST READ***** “DONT BE INTIMIDATED BY DOMINION SUITS (Charleston, W.Va.) The WV Surface Owners’ Rights Organization (SORO), a statewide membership organization for West Virginia landowners, has resources available for landowners who have been approach Dominion Resources, Inc. and other companies with plans to construct interstate pipelines across the state. SORO says that when it updated the pipeline information available on its website is when it learned about the proposed transmission lines and heard that landowners were being approached about conducting surveys on their land. In an article published by SORO, the group advised landowners that if they did not want surveyors on their land they could deny the surveyors permission until the company was granted eminent domain powers by having its project approved by the Federal Energy Regulatory Commission. Under West Virginia trespass laws, landowners can exclude anyone from their property by posting, fencing, or telling them to get off; unless the person or entry has a deed, lease, right-of-way or some other interest that would include the right to conduct surveys. This right must be backed by a legal document. If a surveyor cannot produce a document, landowners can tell them to leave. “After we updated our pipeline information, we were told that landowners were getting letters citing a section of West Virginia’s eminent domain law and claiming it allows surveyors to come onto people’s land before an eminent domain proceeding is initiated or finished,” said Julie Archer, Project Manager for SORO. “However, even if this statute applies, in West Virginia eminent domain laws may only be exercised for a ‘public purpose’.” Archer said West Virginia cases determining whether gas or oil pipelines were for a public purpose were usually considering the pipelines operated by regulated utilities that supply gas directly to consumers and businesses, a true public purpose. The cases did not involve companies engaged in the exploration, production and transportation side of oil and gas, which is used for sales between private businesses. “We think this is an important distinction for several reasons, but being made aware of the letters did not change our advice much. We anticipated that landowners might be sued if they denied access to the surveyors, and after learning of Dominion’s plans to sue landowners our advice remains essentially unchanged,” said Archer. “If you are sued, you should get a lawyer if you can. If you can’t get a lawyer for some reason, don’t let yourself be intimidated. File an answer in the lawsuit, show up at any hearings, and just say you do NOT think they should be able to take your land because it is not a public enough purpose.” Those who are sued can contact WV-SORO at (304) 346-5891 for a referral. The group’s pipeline resources are available at wvsoro.org/resources/advice/index.html#pipelines.
Posted on: Fri, 14 Nov 2014 02:30:42 +0000