Virginia Electric & Power Co. v. Board of County Supervisors

GORDON, R.J.,

dissenting.

In enacting Code § 56-46.1 in 1972, the General Assembly included a grandfather clause by providing the statute should apply only to transmission lines for which right-of-way acquisitions had not been completed on April 8, 1972. The acquisitions for the transmission line involved in this case were completed before April 8, 1972. So by the clear terms of Code § 56-46.1, the statute does not apply.

Recently, the General Assembly concluded that the grandfather clause was too broad. In 1983, it amended the statute to make it apply prospectively to all transmission lines.…