Palmer v. Atlantic Coast Pipeline, LLC

Summary

The Supreme Court of Virginia held that Code § 56-49.01 authorizes foreign natural gas companies doing business in Virginia to enter private property for surveys and related examinations. The court rejected the landowner's constitutional challenge to the entry-for-survey privilege and affirmed the circuit court's judgment. The court also held that an argument under Article IX, § 5 of the Virginia Constitution was waived because it was not properly presented below or in the opening appellate brief.

Holdings

1. Code § 56-49.01 applies to foreign natural-gas companies that do business in Virginia and meet the federal definition of a natural-gas company, including ACP.
2. Palmer waived her Article IX, § 5 argument because she did not present it to the circuit court and did not adequately argue it in her opening appellate brief; merely citing the constitutional provision and developing the argument for the first time in a reply brief was insufficient.
3. Code § 56-49.01 does not violate Article I, § 11 because Palmer's fundamental property rights do not include an absolute right to exclude ACP from conducting authorized preliminary surveys.

Questions Presented

1. Whether Code § 56-49.01 authorizes a foreign natural-gas company doing business in Virginia to enter private property without the owner's written permission to conduct preliminary surveys and related examinations.
2. Whether Palmer's argument under Article IX, § 5 of the Constitution of Virginia was preserved for appellate review.
3. Whether Code § 56-49.01 violates Article I, § 11 of the Constitution of Virginia by infringing a fundamental right to exclude others from private property.

Disposition

affirmed