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2015 SESSION
15102840DBe it enacted by the General Assembly of Virginia:
1. That § 56-49.01 of the Code of Virginia is amended and reenacted as follows:
§ 56-49.01. Natural gas companies; right of entry upon property.
A. Any firm, corporation, company, or partnership, organized
for the bona fide purpose of operating as a natural gas company as defined in
15 U.S.C. § 717a, as amended, may make such examinations, tests, hand auger
borings, appraisals, and surveys for its proposed line or location of its works
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, and for such purposes, by its duly authorized
officers, agents, or employees, may enter upon any property without the written
permission of its owner if (a) the natural gas company has requested the
owner's permission to inspect the property as provided in subsection B, (b) the
owner's written permission is not received prior to the date entry is proposed, and (c) the natural gas
company has given the owner notice of intent to enter as provided in subsection
C, and (d) the governing body of the city or
county in which the property upon which the inspection is
proposed to be made has adopted a resolution expressing support for the proposed
line or works, which resolution shall not be adopted unless the
governing body has found that locating
the line or works within the city or county is consistent with its comprehensive
plan, master plan, or any
general development plan and that there exists a
demonstrated public need for the line or works. A natural
gas company may use motor vehicles, self-propelled machinery, and power
equipment on property only after receiving the permission of the landowner or
his agent.
B. A request for permission to inspect, including a copy of a resolution that complies with clause (d) of subsection A, shall (i) be sent to the owner by certified mail, (ii) set forth the date such inspection is proposed to be made, and (iii) be made not less than 15 days prior to the date of the proposed inspection.
C. Notice of intent to enter, including a copy of a resolution that complies with clause (d) of subsection A, shall (i) be sent to the owner by certified mail, (ii) set forth the date of the intended entry, and (iii) be made not less than 15 days prior to the date of mailing of the notice of intent to enter.
D. Any entry authorized by this section shall not be deemed a trespass. The natural gas company shall make reimbursement for any actual damages resulting from such entry. Nothing in this section shall impair or limit any right of a natural gas company obtained by (i) the power of eminent domain, (ii) any easement granted by the landowner or his predecessor in title, or (iii) any right-of-way agreement, lease or other agreement by and between a natural gas company and a landowner or their predecessors in title or interest.