MORGANTOWN, W.Va. — A court ruling in Monroe County is drawing attention from the entire natural gas industry.
Monroe County Circuit Judge Robert Irons recently ruled in favor of a landowner in Monroe County who did not want developers of the Mountain Valley Pipeline to come onto their property to survey. The ruling could become complicated case law for other pipeline developers.
Attorney Brigett Furbee wasn’t involved in the case, but said many in both the industry and opposition groups are watching the case with interest. Furbee said the laws are different in other states and in Virginia it is legal to come onto private property for survey work without permission. That isn’t the case in West Virginia. There is a higher standard in West Virginia to gain access.
“We do have an eminent domain law that applies not just to public utilities,” she said. “But it’s based on the purpose of the access. One of the public uses set for by statute and followed by case law includes natural gas or oil pipeline.”
But Judge Irons ruled the developer had not demonstrated how the pipeline would be a public benefit. The public benefit is a key consideration in eminent domain cases.
“I don’t think anyone would argue private property rights are near and dear. I don’t think that’s the point here,” said Furbee. “There’s a greater good that is served by roads and railroads and pipelines and moving gas to folks in areas where natural gas is not an option for them.”
Furbee said it’s been her experience most gas companies are very up front with their plans and often stage public meetings and have one on one communications with landowners about those plans and what they’d like to do. Those direct communications often result in the more desired outcome of direct negotiations for access and rights payments. She said most companies would rather avoid using eminent domain because of the added burden of involving the court.
It’s unclear what will happen in the case of the Mountain Valley Line in Monroe County, but most observers expect the ruling to be appealed. Furbee said the Supreme Court could set a precedent on future gas line work with a ruling. She said they may also simply clarify the case law and remand the matter back to Judge Irons. A third option may to have no appeal at all and the line will be routed in another direction to bypass the property of the couple who filed the lawsuit.
“There are lots of folks who are very willing to have a pipeline come through their property,” said Furbee. “Because they’ll get paid by the company for allowing their land to be used to carry the pipeline.”