1962

Boulevard Bridge Corp. v. Richmond

Supreme Court of Virginia

203 Va. 212, 123 S.E.2d 636

Bridge filed for declaratory judgment before the State Corporation Commission, alleging that it was a public service corporation that ran a toll bridge over the James River, that it had the power of eminent domain, and that the City of Richmond had to get permission from the SCC before seeking to condemn its property. City filed motion to dismiss asserting that City did not need SCC permission. SCC granted motion and dismissed case. Supreme Court reversed and remanded. SCC relied on Va. Code § 56-49, that no private corporation would have the power to operate toll roads, and therefore Bridge had lost any power of eminent domain. Court held that a toll bridge was not included in that statute and Bridge retained its power of eminent domain. Further, the City had to follow the statute in effect at that time and obtain SCC’s permission to condemn a public service authority.

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