2017

Palmer v. Atlantic Coast Pipeline, LLC

Supreme Court of Virginia

293 Va. 573, 801 S.E.2d 414

In a declaratory judgment petition brought by Atlantic Coast Pipeline (ACP), a foreign corporation, seeking entry onto Palmer’s land pursuant to Va. Code § 56-49.01, Palmer argued that the statute applies only to domestic public service companies. She further argued that the statute is unconstitutional under Article I, § 11 of the Constitution of Virginia as it impermissibly burdens a fundamental right. Supreme Court held that the definition of “corporation” for Title 56 includes all corporations doing business within the Commonwealth, and ACP is included in that definition. The Court would not consider the Palmer’s additional argument concerning Article XI, § 5 of the Constitution of Virginia (foreign corporations cannot exercise powers of a public service company), as it was not presented in the lower court. The Court further held that the 2012 amendment to Article I, § 11 states the right to private property is a fundamental right. Yet the included right to exclude other persons was not absolute. Virginia statutory law has allowed the exercise of eminent domain authority to enter private property to preliminarily survey for 235 years. Palmer’s right to exclude others did not extend to ACP in this case. The 2012 amendment did not modify existing property rights and did not abrogate right of entry privileges recognized in Virginia statutory law.

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