In November 2016, The West Virginia Supreme Court has upheld the Monroe County Circuit Court judge saying Mountain Valley transmission pipeline conveying gas only out of State is not for a “public purpose” to West Virginians and so cannot use eminent domain (and cannot force access for surveying). (Nov, 2016)
Justice Davis wrote the “Opinion of the Court”. Justice Loughry filed a “Concurring Opinion” agreeing with the outcome. Justice Ketchum wrote a “Dissenting Opinion” stating that “public use” should be more broadly defined.