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treated equally.
VOF also failed to properly advertise and hold a public hearing before approving the resolution, the Hazel suit states.
Til Hazel refused to discuss the matter, referring questions to Warrenton zoning lawyer Merle Fallon.
VOF easements should not be permitted to impede Dominion’s obligation to identify the most cost-effective alignment, Fallon said in an interview. He strongly rejects the NIMBY allegation against his client.
“I think the way things are the family partnership has not said (a transmission line) can’t go over its property,” Fallon said. “It’s simply says that all other property needs to be considered (for potential routes). They object to it going through the middle of their property.”
If Dominion disregards the sanctity of VOF easements, it could propose a line along the northern border of Hazel land, which adjoins Interstate 66. Such a line would have to cross three large swaths of VOF eased land adjoining or near Hazel property.
Pushed to the extreme, such a scenario could produce a straight-line path between the Winchester and Areola substations that would be farther north of 1-66 and through thousands of acres of eased land.
The VOF September decision had the effect of establishing a “rule” or “regulation” that caused Dominion to avoid easements at the expense of his client, Fallon said.
It also effectively exempts VOF-eased land from the public condemnation process, the
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