Pipelines: Trespass in West Virginia

west-virginia-supreme-court

Last year, Judge Irons in Monroe County, WV ruled that the Mountain Valley Pipeline couldn’t survey private property without the permission of the owner.

There must be some owner’s still refusing to allow surveying.  The MVP has gone to the West Virginia Supreme Court to get that ruling overturned.  They probably wouldn’t do that unless they needed it.

I hope that the Supreme Court upholds the ruling.  I think that was the right ruling, properly interpreting West Virginia eminent domain law and trespass law.

I am strongly of the opinion that if a pipeline company wants to use someone’s surface they should work out an agreement with that person.  If they can’t, they should go around them.  It might be more expensive, it might be harder, and it might take longer.  Shoot, it might even make the project impossible.  But a person should be able to control their property.

I know that there are a lot of people who disagree with my position.  The good of the many outweighs the good of the few and such.

If the few choose to sacrifice themselves for the many, that’s fine.  That’s what the few should do.  But the many can’t force the few to sacrifice for them.  Our government is based on the rule of law.  The rule of law is meant to protect the few from the many.

The MVP shouldn’t have the right to force landowners to allow surveyors on their property.

UPDATE: November 17, 2016

The West Virginia Supreme Court upheld Judge Irons’ opinion.  You can’t survey on property in West Virginia for FERC projects without the permission of the landowner.

West Virginia Landowners Win Court Case Against Mountain Valley Pipeline

Judge Irons in Monroe County, WV ruled yesterday that the surveyors that the Mountain Valley Pipeline has been sending out do not have the ability to enter your land without permission.  The will be considered trespassers.

I think this is exactly what West Virginia law says, and I think the judge got it exactly right.

Read more about it here.