In one case, Hazel Palmer, an 83-year old widow, and owner of a property in Augusta County just below the Appalachian Trail and Blue Ridge Parkway, will defend her right to deny Dominion’s surveyors access to her property. “Hazel Palmer is standing at her property line facing the army of economic and political power that Dominion has amassed against her,” said Henry Howell, the attorney representing Ms. Palmer.  “She is looking that army in the face, and saying, ‘You will not take my family land for your profits’.” (http://www.richmond.com/news/virginia/widow-seeks-to-protect-my-heritage-against-proposed-atlantic-coast/article_e566fdbb-9bf3-5cfd-8514-dfbfea4e64f3.html)

“The United States Constitution and the Virginia Constitution shield Hazel Palmer against the abuse of the power of the government and the abuse of the power of eminent domain that we, the people, have given our government. That shield protects each individual citizen and property owner.”

On the same docket, Buckingham County landowners will have their appealed right-to-enter cases heard. In April, a Buckingham County judge granted ACP surveyors the right to enter private property without giving landowners notice of the specific date of entry, despite the fact that the pipeline builder has not yet been granted the right to exercise eminent domain. Appalachian Mountain Advocates originally filed this appeal in April, 2016, arguing that this violates Virginia law and constitutes criminal trespass.

These are not the only violations of personal property rights that Dominion has perpetrated against Virginia landowners.  Friends of Nelson has recently learned that Doyle Land Services, the lead surveying company that has been performing ACP surveys, is not licensed in Virginia.

“Virginia Code Section 54.1-406 requires a person or entity to hold a valid license to practice land surveying in Virginia,” said Marilyn Shifflett of Friends of Nelson.  “And all landowners are entitled to know exactly who was or is on their property, and which companies they represent.”

“Many property owners throughout the route feel deeply violated by Dominion’s dismissal of their property rights.”

Numerous landowners have complained to the Federal Energy Regulatory Commission regarding legal violations performed by surveyors hired by Dominion.

For example, on the morning of May 17, 2016, a survey crew came onto a property to survey the proposed route of the pipeline in the Andersonville area of Buckingham County.  Dominion/ACP did not provide direct notice of the schedule to the property owner who was not sent a certified letter, giving the dates of entry as required by the Code of Virginia 56-49.01.  Members of the survey crew were not wearing personal identification tags and some refused to identify themselves or produce information of their identities, as required by law when requested to do so. According to the property owner, who filmed the proceedings, the members of the crew 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.” (A copy of the video documenting the altercation is available at https://www.youtube.com/watch?v=bvSOPGXWKTU)

On December 9, 2016, Wade and Elizabeth Neely of Millboro VA, sent a picture to FERC showing survey flags on their property and said that this indicated “that Dominion surveying crews were on my property.  At that point in time, they knew that there was a no-entry letter in effect.”  The Neelys had been in court on November 15, 2016 and were supposed to have until Dec. 13th to agree on a date when the surveyors could come, and if they did not, the judge would choose a date for them.  Neely says, “This action being in place, the surveyors trespassed on my property and deliberately denied the court order. I want them prosecuted to the fullest extent of the law.” (https://elibrary.ferc.gov/idmws/file_list.asp?accession_num=20161214-0025)

Doyle Land Services has also been accused of forcing surveys in North Carolina despite not being licensed in North Carolina. Jane F. Finch, in a filing with FERC regarding the Finch family farm in Wilson, NC, said that:

“Doyle Land Services, a subcontractor for the ACP in NC have intentionally and deliberately ignored specific instructions to not enter property for the purpose of surveying. ACP claimed to have obtained permission to enter the property when they had been explicitly told to NOT go on the property. Two senior officials with Dominion Resources have made false representations about landowners having given permission to survey when in fact they had not. There are frequent and numerous incidences of the Subcontractor for the ACP, Doyle Land Services, wherein they failed to communicate with the ACP. These inefficiencies are very discomforting”…”ACP has failed and refused to provide copies of survey results and soil testing upon request. Doyle Land Services are not licensed nor registered as land surveyors in North Carolina. The alleged surveyors have provided no identification and it is not known who entered the property.”

Dominion has also misrepresented surveyors’ credentials in interactions with the United States Forest Service.  “ACP was undiligent in following the Forest Service’s protocols and responding to the Forest Service’s requests to review qualifications of field personnel. The attachment also shows that ACP and/or its consultants misrepresented who conducted the soils surveys. In summary, the Forest Service cannot use the results of these soils surveys to evaluate project effects on NFS lands.”    (November 5, 2015 letter to FERC from Clyde Thompson, Forest Supervisor.)

The Virginia Supreme Court is located at 100 North Ninth Street, 5th Floor, in Richmond, across from the Capitol building.

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Contact:  Marilyn Shifflett – 434-361-9352

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