1943

Bailey v. Anderson

Supreme Court of Virginia

182 Va. 70, 27 S.E.2d 914

Landowner sought to enjoin Commissioner from constructing a state highway through his property. Trial court dismissed suit. Supreme Court affirmed. Landowner operated his grist mill with water through a mill race. Construction would result in rerouting water and effectively shutting down race and also the mill. Commissioner went forward with construction. Necessity of highway location was a legislative decision delegated to the Commissioner and not subject to judicial review. The grist mill was not property devoted to public use, as it could be abandoned at any time and was not obligated to continue in operation. Commissioner had power to condemn property and just compensation proceeding was not unreasonably delayed.

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