2017

Chaffins v. Atlantic Coast Pipeline, LLC

Supreme Court of Virginia

293 Va. 564, 801 S.E.2d 189

The natural gas company sent notices of intent to enter private property. Va. Code § 56-49.01(C) requires the notice of entry to set forth the intended date. The notices said “on or after” April 27, 2015. Supreme Court held that “on or after” language did not set forth the date of intended entry as required by the statute. The lower court judgment allowing entry was reversed and the petition dismissed. Note, however, in Barr v. Atlantic Coast Pipeline, above, the Court did not criticize a notice letter that had a “specific date range” which could extend over four months. As the landowners did not challenge the date ranges as unreasonable, the Court did not rule whether the ranges violated the statute.

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