1900

Bd. of Norfolk County Supervisors v. Cox

Supreme Court of Virginia

98 Va. 270, 36 S.E. 380

City of Portsmouth was incorporated in 1858. The County courthouse was located in the City years earlier, and by additional act of the General Assembly, both the City and County would share the courthouse until such time as the County might relocate its courthouse outside of the City. Board wanted to expand County court clerk’s office and sought to condemn lot owned by Cox adjacent to the courthouse. City trial court dismissed proceeding holding that there was no jurisdiction for a county to condemn city land. Supreme Court reversed and remanded. As the courthouse was jointly possessed and employed by both jurisdictions, the City would not lose, and the County would not gain, jurisdiction over the taken land. No statutes in effect prohibited the acquisition to expand the County clerk’s office.

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