1963

Bd. of County Supervisors v. Alexandria Water Co.

Supreme Court of Virginia

204 Va. 434, 132 S.E.2d 440

Fairfax County Board wanted to acquire Water Company and filed a petition for condemnation. Board had agreed to sell Water Company to Board’s agent, Fairfax County Water Authority, once it owned Water Company. Water Company filed a declaratory judgment action before the State Corporation Commission, seeking to declare that Water Authority was the real plaintiff and moving party, and that the Water Authority needed a certificate of public necessity or essential public convenience from the SCC before it could act to acquire Water Company. SCC ruled that the Water Authority was the real plaintiff in the condemnation and could not proceed without permission from the SCC. Supreme Court reversed and remanded. By the statutes in effect at that time, the Board had the power to use eminent domain to own the Water Company and did not first need SCC approval. The Board also had unconditional power to convey the condemned property to the Water Authority. The public purpose being served was providing an adequate water supply to the citizens of the county.

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