Barr v. Atlantic Coast Pipeline, LLC

Virginia law authorizes natural gas companies, as defined by 15 U.S.C. § 717a(6), to enter onto private property for such surveys "as are necessary (i) to satisfy any regulatory requirements and (ii) for the selection of the most advantageous location or route, the improvement or straightening of its line or works, changes of location or construction, or providing additional facilities." Code § 56-49.01(A) (emphases added).

The first "necessary" precondition is that the company has to enter onto the private property to comply with legal requirements. The second "necessary" precondition is that…