Atlantic Coast Pipeline, L.L.C. v. Wadsworth

By

Judge Charles L. Rickets, III

Atlantic Coast Pipeline, L.L.C. (ACP) moved this Court for an order to enter defendant-landowners’ property pursuant to Virginia Code § 56-49.01. In response, the defendants’ filed a number of pleas in bar and demurrers, many of them sharing common issues and reasoning. For the reasons set forth below, the Court overrules them all.

I. Plea in Bar; Whether ACP Is a Public Service Company

Defendants Wadsworth and Palmer contend ACP cannot seek enforcement of Va. Code § 56-49.01 because it does not meet the definition of a “public service company” under Virginia law.…