Landowners in Southwest Virginia Still Struggle with Pipeline Use of Prominent Estate | State and regional news

Almost four years after the Mountain Valley Pipeline began legal proceedings to take private land for the project, the controversial practice is still being challenged in court.

A federal appeals court ruled this week that the arguments of a group of landowners “are not so clear” that they deserve the immediate overturning of a lower court opinion in favor of the pipeline.

However, the US Circuit Court of Appeals in Washington, DC, asked lawyers to submit additional written arguments before making a final decision.

Cletus Bohon, who owns property in Montgomery County the pipeline crosses, is the main plaintiff in a lawsuit arguing that the Federal Energy Regulatory Commission should not have given a private company the right to seize a property by eminent domain.

Similar legal challenges have been dismissed in the past. When a federal judge in Washington, DC did the same for Bohon’s case in May 2020, he called it “the last trickle of a flood of litigation” against Mountain Valley.

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But Bohon appealed, and the case remains alive.

In a brief notice on Wednesday, the appeals court asked that the next set of briefs submitted by attorneys explain how the case is affected by a recent U.S. Supreme Court ruling that authorized the seizure of a pipeline of state-owned land in New Jersey.

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