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PALMER v. ATLANTIC COAST PIPELINE, LLC

Record No. 160630.

801 S.E.2d 414 (2017)

Hazel F. PALMER, v. ATLANTIC COAST PIPELINE, LLC.

Supreme Court of Virginia.

July 13, 2017.

Attorney(s) appearing for the Case

Henry E. Howell, III , Norfolk; Benjamin L. Perdue (Eminent Domain Litigation Group, on briefs), for appellant.

Benjamin L. Hatch ( John D. Wilburn ; Richard D. Holzheimer, Jr. ; Brooks H. Spears , Tysons Corner ; Robert W. Loftin , Richmond; McGuireWoods, on brief), for appellee.

Amicus Curiae: Commonwealth of Virginia; Stuart A. Raphael ( Mark R. Herring , Attorney General; Trevor S. Cox , Deputy Solicitor General; Matthew R. McGuire , Assistant Attorney General, on brief), in support of appellee.

PRESENT: Goodwyn, Mims, McClanahan, Powell, Kelsey, and McCullough, JJ., and Millette, S.J.

OPINION BY JUSTICE WILLIAM C. MIMS

In this appeal, we consider whether a foreign corporation may exercise the entry-for-survey privilege given to natural gas companies by Code § 56-49.01. We also consider whether Code § 56-49.01 infringes upon provisions of the Constitution of Virginia.

I. Background and Procedural History

The Atlantic Coast Pipeline, LLC ("ACP") is a public service company organized under the laws of the...

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