1916

Boyd v. C.C. Ritter Lumber Co.

Supreme Court of Virginia

119 Va. 348, 89 S.E. 273

Company sought to condemn portion of landowner’s property to construct tram road to haul logs for the benefit of the Company and public. Commissioners made award and case was appealed to determine if authorizing statute was unconstitutional. Supreme Court reversed. Both the state and federal Constitutions prohibit the taking of private property for public use without just compensation. The construction of the tram road was such that road could not be accessed or used by the public. It did not give the public a fixed and definite use, nor was the public’s use a substantially beneficial one. Construction of road was a taking of private property for private use. Because the statute permitted such private use it was unconstitutional and void.

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