Bill Text: VA HB1187 | 2018 | Regular Session | Prefiled
Bill Title: Natural gas companies; right of entry upon property.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2018-02-13 - Left in Commerce and Labor [HB1187 Detail]
Download: Virginia-2018-HB1187-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §56-49.01 of the Code of Virginia is amended and reenacted as follows:
§56-49.01. Natural gas companies; right of entry upon property.
A. Any firm, corporation, company, or partnership, organized
for the bona fide purpose of operating as a natural gas company as defined in
15 U.S.C. §717a, as amended, may make such examinations, tests, hand auger
borings, appraisals, and surveys for its proposed line or location of its works
as are necessary (i) to satisfy any regulatory requirements and or (ii) for the selection of the most advantageous location or a route, the
improvement or straightening of its line or works, changes of location or
construction, or providing additional facilities, and for such purposes, by its
duly authorized officers, agents, or employees or facility location, may enter
upon any property without the written permission of its owner if (a) the
natural gas company has requested the owner's permission to inspect the
property as provided in subsection B, (b) the owner's written permission is not
received prior to the date entry is proposed, and
(c) the natural gas company has given the owner notice of intent to enter as
provided in subsection C, and (d) the natural gas
company has been issued a public use certificate by the State Corporation
Commission as provided in subsection F. A
natural gas company may use motor vehicles, self-propelled machinery, and power
equipment on property only after receiving the permission of the landowner or
his agent.
B. A request for permission to inspect shall (i) be sent to
the owner by certified mail, (ii) set forth the date such inspection is
proposed to be made, and
(iii) set forth a description of
each type of survey and each entity or agent proposed to make such survey, and (iv) be made not less than 15 days prior to the date of the
proposed inspection. This request shall be
sent at least 21 days prior to any notice of intent to enter sent pursuant to
subsection C.
C. Notice of intent to enter shall (i) be sent to the owner by
certified mail, (ii) set forth the date of the intended entry, and (iii) set forth the time
and location where the first entry will occur, (iv) set forth the
duration of the surveys, and (v) be made not less than 15 days prior to the date of mailing of the notice of intent to enter entry. For any survey lasting longer than 24
hours, the natural gas company shall set forth the reasons why the survey
cannot be conducted within 24 hours, such as the large size of the area to
be surveyed, difficult terrain, or other extenuating circumstances.
D. Any entry authorized by this section shall not be deemed a
trespass. The natural gas company shall make reimbursement pay treble damages for any
actual damages resulting from such entry. Nothing in this section shall impair
or limit any right of a natural gas company obtained by (i) the power of
eminent domain, (ii) any easement granted by the landowner or his predecessor
in title, or (iii) any right-of-way agreement, lease,
or other agreement by and between a natural gas company and a landowner or
their predecessors in title or interest. The landowner or any person designated
in writing by the landowner as his agent may
accompany any surveyors and may record or photograph survey activities by any
available means.
E. Any landowner may request a temporary restraining order against entry by a natural gas company upon the filing of the landowner's complaint and affidavit in the circuit court for the jurisdiction in which the property is located, and in accordance with law governing such orders. Such affidavit may set forth a past or imminent violation of this section by a natural gas company purporting to enter under authority of this section. Violations include failure to enter as agreed with the landowner pursuant to subsection B, failure to provide sufficient notice as required by subsection C, or violating the limitations set forth in subsection A. Such restraining order may be maintained until an evidentiary hearing may be held. If at trial the landowner demonstrates by a preponderance of the evidence that the company entered or attempted to enter the landowner's real property in violation of this section, or violated this section by breaching any agreement reached pursuant to this section, the landowner shall be entitled to a trespass penalty of $500 per day per individual entering or attempting to enter the property or per individual granted permission to enter pursuant to agreement. Upon such showing, the landowner shall also be entitled to costs and attorney fees.
F. No entry pursuant to this section shall be lawful unless the natural gas company has obtained a public use certification from the Commission. The Commission is authorized to issue a public use certification upon satisfaction of the following requirements:
1. The natural gas company has submitted an application or pre-application to the appropriate federal or state regulatory authority;
2. The natural gas company has notified potentially affected landowners of the potential surveys and public use certification application by certified mail;
3. The natural gas company has set forth a prima facie case that the proposed pipeline or facility would be for public use. There shall be no public use if the proposed facility is significantly designed for foreign commerce or if the proposed facility will not provide natural gas to public utilities or citizens of the Commonwealth;
4. The natural gas company provides proof of liability insurance for each person expected to enter any property pursuant to this section; and
5. The Commission has reasonably considered and responded to the written comments or objections of any potentially affected landowner.
G. Procedures before the Commission regarding the issuance of a public use certification pursuant to subsection F shall conform to the Commission's Rules of Practice and Procedure set forth at 5VAC5-20-10 et seq.
H. Any potentially affected landowner may obtain judicial review of the Commission's issuance of a public use certificate by appealing the decision of the Commission to the Supreme Court in accordance with §12.1-39.
I. For purposes of this section and the public use certification, "public use" means that the general public of Virginia shall have a right to a certain and definite use of a private property on terms and for charges fixed by law, and the owner of the property shall be compelled by law to permit the general public to enjoy it or its services. For pipelines subject to this section, this means that the pipeline shall be obligated to serve the general public of Virginia and shall be regulated in such obligation. This definition is not met if the pipeline does not distribute gas to regulated public utilities or to natural gas distribution systems within the Commonwealth.
J. If any person enters private property pursuant to this section and is not licensed or otherwise duly authorized under Virginia law or federal law, as applicable, to conduct the intended surveys, such entry shall be an independent violation of this section and subject to the penalties and procedures set forth in subsection E.
K. Any landowner shall be entitled to a true and complete copy of all data, reports, maps, tables, laboratory analyses, and other documentation reflecting or resulting from information collected on the landowner's real property. A copy shall be provided to the landowner within 60 days of any entry during which the information is collected, unless the parties agree otherwise.
L. Any person entering property pursuant to this section shall be obligated to provide government-issued or employer-issued identification and proof of insurance to the landowner upon the landowner's written or oral request.
