For the second year in a row, bills have been introduced in the VA House (HB 1118) and Senate (SB 614) to repeal VA 56-49.01, the “Survey Without Permission Statute” that allows pipeline companies to conduct surveys on the land of private property owners without their permission.
Please contact the legislators below and urge them to pass HB 1118 / SB 614.
Facts to share with legislators:
1. VA 56-49.01, which HB1118/SB614 repeals – deals ONLY with natural gas pipelines. See 56-49.01 here.
2. Repealing VA 56-49.01 will not affect surveying for other types of utilities.
3. VA 56-49.01 was enacted in 2004. It did not replace any other type of legislation that forced people to allow access. Gas pipelines WERE built in VA before 2004. Therefore, there IS a way to survey without forcing people.
4. Repealing 56-49.01 would provide an incentive, now wholly absent, to companies to propose only responsible, necessary projects that are in the public interest, and to treat property owners fairly.
5. The Federal Natural Gas Act grants companies the right to force people to allow survey, IF FERC grants the Certificate of Public Convenience and Necessity at the end of the regulatory process. A judge would determine the terms of access.
6. WV’s gas pipeline survey law only allows force if the pipeline is deemed in the public interest. 56-49.01 has no such clause.
WHO TO CONTACT:
Special subcommittee on Energy – Subcommittee of the House Commerce and Labor committee – Ask them to support HB 1118!
Del. Terry G. Kilgore (804) 698-1001 DelTKilgore@house.virginia.gov
Del. Kathy J. Byron (804) 698-1022 DelKByron@house.virginia.gov
Del. R. Lee Ware (804) 698-1065 DelLWare@house.virginia.gov
Del. Timothy D. Hugo (804) 698-1040 DelTHugo@house.virginia.gov
Del. Daniel W. Marshall, III (804) 698-1014 DelDMarshall@house.virginia.gov
Del. Benjamin L. Cline (804) 698-1024 DelBCline@house.virginia.gov
Del. Jackson H. Miller (804) 698-1050 DelJMiller@house.virginia.gov
Del. G. Manoli Loupassi (804) 698-1068 DelMLoupassi@house.virginia.gov
Del. Gregory D. Habeeb (804) 698-1008 DelGHabeeb@house.virginia.gov
Del. Ronald A. Villanueva (804) 698-1021 DelRVillanueva@house.virginia.gov
Del. Roslyn C. Tyler (804) 698-1075 DelRTyler@house.virginia.gov
Del. Lionell Spruill, Sr. (804) 698-1077 DelLSpruill@house.virginia.gov
Del. Mark L. Keam (804) 698-1035 DelMKeam@house.virginia.gov
Delegates’ emails for copying and pasting in a batch:
DelTKilgore@house.virginia.gov, DelKByron@house.virginia.gov, DelLWare@house.virginia.gov, DelTHugo@house.virginia.gov, DelDMarshall@house.virginia.gov, DelBCline@house.virginia.gov, DelJMiller@house.virginia.gov, DelMLoupassi@house.virginia.gov, DelGHabeeb@house.virginia.gov, DelRVillanueva@house.virginia.gov, DelRTyler@house.virginia.gov , DelLSpruill@house.virginia.gov, DelMKeam@house.virginia.gov
Senate Commerce and Labor Committee – Ask them to support SB 614!
Senator Frank Wagner (804) 698-7507 district07@senate.virginia.gov
Senator Richard Saslaw (804) 698-7535 district35@senate.virginia.gov
Senator Thomas Norment (804) 698-7503 district03@senate.virginia.gov
Senator Steven Newman (804) 698-7523 district23@senate.virginia.gov
Senator Mark Obenshain (804) 698-7526 district26@senate.virginia.gov
Senator Richard Stuart (804) 698-7528 district28@senate.virginia.gov
Senator William Stanley (804) 698-7520 district20@senate.virginia.gov
Senator Kenneth Alexander (804) 698-7505 district05@senate.virginia.gov
Senator John Cosgrove (804) 698-7514 district14@senate.virginia.gov
Senator Ben Chafin (804) 698-7538 district38@senate.virginia.gov
Senator Rosalyn Dance (804) 698-7516 district16@senate.virginia.gov
Senator Louise Lucas (804) 698-7518 district18@senate.virginia.gov
Senator Ryan McDougle (804) 698-7504 district04@senate.virginia.gov
Senator Richard Black (804) 698-7513 district13@senate.virginia.gov
Senator Glen Sturteyvant (804) 698-7510 district10@senate.virginia.gov
Senators’ emails for copying and pasting in a batch:
district07@senate.virginia.gov, district35@senate.virginia.gov, district03@senate.virginia.gov, district23@senate.virginia.gov, district26@senate.virginia.gov, district28@senate.virginia.gov, district20@senate.virginia.gov, district05@senate.virginia.gov, district14@senate.virginia.gov, district38@senate.virginia.gov, district16@senate.virginia.gov, district18@senate.virginia.gov, district04@senate.virginia.gov, district13@senate.virginia.gov, district10@senate.virginia.gov
Below is a sample letter that you can use when writing to these legislators. Please remember that this is just a sample letter and that your own words and experience are the most important thing that you could share when writing to your representatives. Please edit this letter to include your own thoughts and experiences! Please also remember to include your mailing address when emailing these legislators so that they know that you are a resident of Virginia.
Sample Letter to Virginia Delegates and Senators in Support of HB 1118 / SB 614
Dear Virginia Representative,
I am writing to express my support for HB 1118 / SB 614 and to urge you to vote yes on this bill when it comes before the Committee on Commerce and Labor.
HB 1118 / SB 614 would repeal a 2004 provision (VA 56-49.01) that allows natural gas companies to enter a landowner’s property to conduct a survey without the landowner’s permission.
I strongly believe that Virginia law should support and uphold the rights of landowners, particularly those who find themselves in the potential path of natural gas infrastructure projects. The placement of natural gas infrastructure is an invasive and destructive process that infringes on the rights and land use of property owners, and whether the construction of such projects is in the public interest is questionable at best, given that such projects are proposed by private, profit-driven companies and have many negative environmental, cultural, public safety, and economic impacts. Until such projects are designated, through careful review, to be in the public interest, I believe that landowners should retain full property rights under the law, including the right to refuse trespassing on their property. Unfortunately, a 2004 provision of Virginia law (VA 56-49.01) currently allows natural gas companies to survey a landowner’s property without permission. I urge you to repeal this 2004 provision and support landowner rights by voting yes on HB 1118 / SB 614.
Please note that the enactment of HB 1118 / SB 614 would not impede the ability of other utilities to conduct surveys, nor would it preclude the construction of new natural gas pipelines in Virginia. HB 1118 / SB 614 would simply restore some private property rights to Virginia citizens and would ensure that a pipeline be demonstrated to be in the public interest before natural gas companies would be allowed to survey private property. VA 56-49.01, which HB 1118 / SB 614 repeals, deals only with natural gas pipelines (see 56-49.01 here); repealing VA 56-49.01 will not affect surveying for other types of utilities. VA 56-49.01 was enacted in 2004, and it did not replace any other type of legislation that could force people to allow access. Gas pipelines were built in Virginia before 2004; therefore, there is a way to survey without forcing people to do so via VA 56-49.01. Repealing 56-49.01 would provide an incentive, now wholly absent, to companies to propose only responsible, necessary projects that are in the public interest and to treat property owners fairly. The Federal Natural Gas Act grants companies the right to force people to allow survey if the Federal Energy Regulatory Commission (FERC) grants the Certificate of Public Convenience and Necessity at the end of the regulatory process. A judge would determine the terms of access. Please note that other states have ways of enforcing survey access that are dependent upon first determining whether pipeline projects are in the public interest. For example, West Virginia’s gas pipeline survey law only allows force if the pipeline is deemed in the public interest. VA 56-49.01 has no such clause. I believe that VA 56-49.01 should be repealed in order to better protect the interests of private property holders so that surveys can only be granted if pipeline projects are truly deemed to be in the public interest.
Citizens and local governments should have the right to determine and defend the character of their land and their communities, and rural communities should have the right to refuse industrial development that threatens their local economy. The placement of natural gas infrastructure is, unlike other utility projects that invoke eminent domain (such as electrical infrastructure or roads), a highly invasive and destructive process, with myriad negative impacts, including safety risks, environmental destruction, loss of property, and a decrease in property values. Construction of such pipeline projects should only take place after rigorous analysis and a proven demonstration of public need, and the interests of for-profit companies–even for such exploratory measures as surveying–should not trump that of individual citizens and local communities. Pipeline companies should not have access to private citizens’ property without first demonstrating that there is a documented, certified public need and interest for construction of a pipeline. Our laws in Virginia should protect the rights of private property owners, not those of large, for-profit corporations.
As a resident of Virginia, I urge you to support landowner rights by repealing the 2004 provision (VA 56-49.01) that allows natural gas companies to survey a landowner’s property without permission: please vote yes on HB 1118 / SB 614.
Sincerely,
[Your Name]