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Our Legal Campaign | Our Publicity Campaign

What is Dominion Virginia Power’s plan with the W&OD Trail?

In April of 2005, Dominon Virginia Power (DVP) filed its application for approval to build overhead transmission lines in Loudoun County. The application did not include the Trail on its preferred route. (Two miles of the Trail in southeastern Leesburg was included in one of the alternative routes.) However, the Staff of the State Corporation Commission, the administrative body that must give approval to DVP to build the line, has stated that even though most of the Trail is not on DVP's application, it will still be considered because DVP owns an easement on the Trail.

How can Dominion Virginia Power and the State Corporation do this? Isn’t the W&OD Trail a regional park?

Because DVP owns an easement along the W&OD Trail, they do not require permission from local government. They must simply file an application with the SCC.

Didn’t the Loudoun County Board of Supervisors vote against the Dominion Virginia Power proposal?

Yes, all local governments and the County Board of Supervisors opposed DVP’s proposal. However, they have no binding legal authority over DVP or the SCC. Even though towns of Leesburg, Purcellville, Hamilton, Hillsboro, the cities of Falls Church, Alexandria and the Loudoun County and Fairfax Board of Supervisors, as well as the Northern Virginia Regional Council voted against the DVP proposal, the SCC can order DVP to use their right of way along the Trail.

What is the State Corporation Commission? What do they do?

The State Corporation Commission (SCC) is located in Richmond, Virginia and is an independent administrative agency. The SCC must determine that the line is, “needed and that the corridor or route the line is to follow will reasonably minimize adverse impact on the scenic assets, historic districts and the environment of the area concerned.” (Code of Virginia section 56-46.1(B)).

What is the status of the litigation before the SCC now?

Parties that want to be involved in the litigation before the SCC have filed their “notices of participation” and hired attorneys. At least five parties who own property along DVP's preferred route have not only filed Notices of Participation, but have filed notices or responses urging the SCC to order DVP to use their easement—the W&OD Trail. Save the Trail, Inc.'s attorney intends to file an opposition to these responses.

Is there anything we can do to persuade the SCC to preserve the W&OD Trail?

Save the Trail, Inc., has hired Jack Rust, Esq., of Fairfax, Virginia to represent it before the SCC. He is an attorney proficient in energy matters and has extensive experience before the SCC. His legal fees are estimated to be in the area of $100,000. For this reason, fundraising for legal fees is a top priority for Save the Trail. This money can easily be raised with your help and the help of the millions of W&OD Trail users and concerned neighbors in the region.

Additionally, your help is needed to write letters to the SCC in support of the Trail. All letters received by the SCC will be placed into the record and considered as evidence of the public's support of the preservation of the W&OD Trail. Please send your letters to: Clerk of the State Corporation Commission, Document Control Center, PO Box 2118, Richmond, Virginia, 23218-2118. Case No. PUE-2005-00018.

Why should I donate to the legal fund?

1. If you are one of the 2 million annual users of the W&OD Trail, you will lose this wonderful regional park. A strip of asphalt with 110-foot-tall towers every 400 feet and high-power transmission lines will replace this beautiful Trail.
2. The quality of life in Loudoun County—our recreational use of the W&OD Trail by bikers, horses and families—will be destroyed.
3. If you are a property owner close to the Trail, then your property values could be reduced by 15 percent or more. That is a loss of $45,000 if your property is worth $300,000.

Think about it: Do you want to risk losing tens of thousands of dollars? Your contribution to the legal fund is an investment to protect your property value!

Please help us build our “war chest.” Send your tax-deductible donation to: Save the Trail, Inc., P.O. Box 13, Hamilton, Virginia 20159. Please note on your check that your donation is for legal fees.

If you would like to find out more about the legal campaign ahead, please contact us at: info@savethetrail.com or write to our address above.

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