Know your rights

KNOW YOUR RIGHTS What NC landowners need to know about natural gas transmission pipelines

Since May of 2014, the natural gas company Dominion Transmission, Inc. (“Dominion”) has been planning the route for the proposed Atlantic Coast Pipeline (“ACP”), an interstate natural gas transmission pipeline. The proposed pipeline route currently runs through eight North Carolina counties. These counties include: Cumberland, Halifax, Johnston, Nash, Northampton, Robeson, Sampson, and Wilson. If you live in one of these areas, your property may be affected by the ACP pipeline.
Under North Carolina law, Dominion has the ability to build the ACP pipeline across private property through a process known as eminent domain. Until Dominion receives certification from the Federal Energy Regulatory Commission (“FERC”), Dominion may not take your land. However, during the planning stages, surveyors may try to enter your property to conduct a survey of the land.

During this planning stage, it is important to remember that as a landowner you have certain rights. Before conducting any property surveys, a surveyor must provide 30 days' written notice to the landowner at his or her last known address. Even if a surveyor provides written notice, you may still prevent a surveyor from entering your property. A landowner may prevent trespassers by posting “no trespassing” signs, erecting a fence, or by verbally communicating your wishes to the surveyor.

It is important to understand that if you do not allow a surveyor onto your property, Dominion may still proceed with the ACP project. For instance, Dominion may choose to obtain a court order for permission to enter your property. Alternatively, Dominion may choose to proceed without conducting a survey at all.
Under North Carolina law, the pipeline right-of-way must avoid, as far as practicable, dwellings or buildings so point them out to surveyors.
If Dominion receives approval for the ACP, Dominion may use the power of eminent domain to condemn your property without your permission. Dominion is required to pay fair market value if it takes your property.
Ultimately, the decision whether to admit a surveyor onto your property is a personal decision. Before signing any documents or granting any permissions to Dominion, you should first contact an attorney for assistance. For more information or a list of attorneys who might be helpful, you may contact [e-mail]

This is not a legal document. For the most accurate information on legal issues, please consult a lawyer.