Pre-condemnation Surveying Challenged as Unconstitutional in Federal Court

Who is involved in this challenge to pre-condemnation access to land?  Atlantic Coast Pipeline and a group of landowners

What pre-condemnation is being challenged? A federal court looked at a state law that allowed a condemning entity, in this case a pipeline, to enter land it would otherwise condemn for the purpose of surveying the land.

What arguments did landowners make against pre-condemnation access? “state law violated the U.S. Constitution by taking their property, seizing their property rights and failing to give due legal process.”

Who won? Pipelines. The judge said that pre-condmenation access to survey was consistent with common law and had been in long practice in Virginia. 

Richmond Times Dispatch | Federal judge upholds state law allowing surveys of private property for gas pipeline