2016
Atl. Coast Pipeline, LLC v. Avery
Virginia Circuit Court
92 Va. Cir. 387
Pipeline filed declaratory judgment proceeding to obtain authority to enter landowners’ property to conduct surveys, testing and appraisals. Landowners asserted such entry was a taking in violation of Article I, § 11 of the Constitution of Virginia, as property owners had the right to exclude others from entering their lands. Court held that Virginia had a long history of recognizing numerous exceptions of the right to exclude, and there was no right to exclude temporary access to conduct a survey.
Summary prepared by Judge Jonathan Apgar, 23rd Judicial Circuit in Virginia, for the William & Mary Property Rights Project, Marshall-Wythe School of Law, William & Mary ©2019.
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