“On the morning of May 17, 2016, a crew from Dominion/Atlantic Coast Pipeline [ACP] came onto my property to survey the proposed route of the pipeline in the Andersonville area of Buckingham County. Notice of this intrusion was made by an attorney representing my interest regarding the ACP. He relayed the information from a telephone call he had with an attorney representing Dominion. Dominion/ACP did not provide direct notice of the schedule to me. I was not sent a certified letter, giving the dates of entry. This is required by the Code of Virginia 56-49.01.
The survey crew appeared unexpectedly in one of my fields shortly after 10 in the morning.
It was a day of intermittent rain, heavy at times. The survey crew appeared unexpectedly in one of my fields shortly after 10 in the morning. An unidentified vehicle was parked on my drive. As I approached the car, I began to record the event with a video camera. A man at the car showed me a copy of a court order. It was signed by Judge Donald Blessing of the 10th District Circuit Court. I asked the man to see his credentials. Dominion’s attorneys, McGuireWoods, had made several assurances to the court in regard to the conditions and conduct of the survey. This would include the wearing of picture-identification tags.
I asked the only identified ACP representative if ALL of the crew were wearing photo identification tags as had been promised in court. Those that I approached declined to show their photo identification. As I continued taping, they made considerable effort to evade the camera and any discussion. They were defensive to the point of being hostile. One of the surveyors actually bumped me. I cautioned him not to be so pushy. Another individual said that he would not identify himself for “security” reasons. It was my security that was in jeopardy, not his. For most of the time they were on my farm, they wore hoods and frequently turned from the camera. Having experienced 2 years of harassment and intimidation from Dominion and its various subordinate companies, their conduct was not surprising, but disturbing none the less. The video clearly reveals their approach to landowners in the path of the ACP. It was one of hostility and contempt. By the way the crew leader was from Ohio. The others from places unknown. So much for all of those good jobs for Virginians.
Around noon, an officer of the Buckingham County Sheriff’s Department arrived. I had called for assistance in dealing with the trespassers. The Deputy would not verify the identifications of the trespassers. It is quite distressing for a senior citizen to be abused by the court and further ignored by law enforcement. The deputy suggested that I contact a lawyer! I had just reported what I thought was a criminal act in progress to him.
Later in the day, several friends arrived to give witness to the trespass. It was a sad day for my family and the farm that has been a part of our family since 1852. Are we to be the sacrificial lambs for Dominion’s private gains? Nothing is sacred with the foreign market demanding gas, as we know this gas is heading for export. Landowners from neighboring counties are also reporting distressing incidents with ACP surveyors. This incident is a chilling foretelling of what it would be like to work with Dominion.
The rage provoked by the injustice of Dominion’s corporate terror will find a response in the courage and dignity of rural America. We will continue to stand up to defend our constitutional property rights.”
Additional related documents:
Va Code 56-49 ACP
Survey Process protocol
This is so sad. Make sure the video continues and I will share this information
I don’t know if this WV State Code is still on the books . . . WV State Code 61-6-22 – Related To Wearing Masks / Hoods
Wearing masks, hoods or face coverings.
(a) Except as otherwise provided in this section, no person, whether in a motor vehicle or otherwise, while wearing any mask, hood or device whereby any portion of the face is so covered as to conceal the identity of the wearer, may:
(1) Come into or appear upon any walk, alley, street, road, highway or other thoroughfare dedicated to public use;
(2) Come into or appear in any trading area, concourse, waiting room, lobby or foyer open to, used by or frequented by the general public;
(3) Come into or appear upon or within any of the grounds or buildings owned, leased, maintained or operated by the state or any political subdivision thereof;
(4) Ask, request, or demand entrance or admission to the premises, enclosure, dwelling or place of business of any other person within this state; or
(5) Attend or participate in any meeting upon private property of another unless written permission for such meeting has first been obtained from the owner or occupant thereof.
(b) The provisions of this section do not apply to any person:
(1) Under sixteen years of age;
(2) Wearing a traditional holiday costume;
(3) Engaged in a trade or employment where a mask, hood or device is worn for the purpose of ensuring the physical safety of the wearer;
(4) Using a mask, hood or device in theatrical productions, including use in mardi gras celebrations or similar masquerade balls;
(5) Wearing a mask, hood or device prescribed for civil defense drills, exercises or emergencies; or
(6) Wearing a mask, hood or device for the sole purpose of protection from the elements or while participating in a winter sport.
(c) Any person who violates any provision of this section is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than five hundred dollars or imprisoned in the county jail not more than one year, or both fined and imprisoned. http://law.justia.com/codes/west-virginia/2009/61/61.html
It seems obvious that these guys aren’t fully aware of the law, as well as the stipulation that Dominion Power included in the letter that all of us property owners received, that the surveyors are to have VISIBLE, PICTURE ID on them when they arrive on our property, and it is not our responsibility to ask them for it. They are supposed to be professional agents representing the pipeline developers, and they are in breach of their responsibility by not following dictated guidelines, not to mention that they are also showing disrespect and disdain towards property owners by refusing to identify themselves when asked. Just because they have a court order, does not waive their responsibility to follow the code.
Code of Virginia
§ 18.2-422. Prohibition of wearing of masks in certain places; exceptions.
It shall be unlawful for any person over 16 years of age to, with the intent to conceal his identity, wear any mask, hood or other device whereby a substantial portion of the face is hidden or covered so as to conceal the identity of the wearer, to be or appear in any public place, or upon any private property in this Commonwealth without first having obtained from the owner or tenant thereof consent to do so in writing. However, the provisions of this section shall not apply to persons (i) wearing traditional holiday costumes; (ii) engaged in professions, trades, employment or other activities and wearing protective masks which are deemed necessary for the physical safety of the wearer or other persons; (iii) engaged in any bona fide theatrical production or masquerade ball; or (iv) wearing a mask, hood or other device for bona fide medical reasons upon (a) the advice of a licensed physician or osteopath and carrying on his person an affidavit from the physician or osteopath specifying the medical necessity for wearing the device and the date on which the wearing of the device will no longer be necessary and providing a brief description of the device, or (b) the declaration of a disaster or state of emergency by the Governor in response to a public health emergency where the emergency declaration expressly waives this section, defines the mask appropriate for the emergency, and provides for the duration of the waiver. The violation of any provisions of this section is a Class 6 felony.
http://law.lis.virginia.gov/vacode/title18.2/chapter9/section18.2-422/
So are you folks going back to the judge with evidence that what they represented to the court was false, that they are not following what they represented (if I understand what the letter and court order said), and that the sheriff didn’t seem to understand that they need to follow the letter of the law, not just cut corners by saying, “he’s with me and he’s okay” if agreement is to display id.
Hope so. You surely captured evidence for it — outright admission that they do NOT feel bound by that letter, that the letter is just what they “generally” do, not apparently what they actually do. Wonderful video!
Oh, and PS, warrant/suit for trespass against those not wearing id? Got a few years.
The best way to counter Dominion is to proceed in Demanding a fee for passage of material thru your property the same as Toll on a roadway each and every day forward.They have never bought your property therefore you have the right to collect each day for every entry or passage of goods. If each land owner does this Dominion can not justify the expense of violating every owner. Check with your legal rep.
We are having the same problems in Augusta county Virginia. Ours is going through to Virginia beach and then to export we have the same problems they are taking our land and going through our water supply. We are trying to stop them.
This was interesting to watch. How to be effective is the question as this process continues. Shen.Valley Sierra Club is showing the film ‘The Pipe’ in Harrisonburg Mon. June 13th, downtown at JMU’s Ice House, at 7 PM. I hope some can come to watch how a town in Ireland handled a similar scenario and also to meet supporters just one or two counties away. There will be time for a short discussion before those who want to, move to the Pale Fire Brewery next door. More details are on the SC and CAAV websites. The movie is on line, too.
This seems to e standard operating procedure for these corporations. We have had similar issues with Sunoco Logistics and the Mariner East 2 pipeline. The surveying crew that came to our property in Pennsylvania was from Mississippi. They, too, claimed that it was a violation to videotape or photograph them, even though our lawyer said it was permissible. Apparently, though, Pennsylvania has some law/code/regulation, that says surveyors have the right to do their job on the property without any hinderance.
Thank you for the update.
BTW – there’s a lawyer with McGuire-Woods running to be Attorney General. His name is John Adams, and I met him at a political event last month. Seems like a nice guy, but, for the love of all that his holy, his backer, Sam Tarry, IS Dominion’s lawyer. This cannot happen,folks. Good grief.