1898

Charlottesville v. Maury

Supreme Court of Virginia

96 Va. 383, 31 S.E. 520

City sought to condemn water rights of downstream landowners that owned a grist mill on a creek. Circuit court denied City’s request on the grounds that the court did not have jurisdiction because City charter did not authorize taking water rights alone. Condemnation had to include the land through which it flowed. Supreme Court affirmed. Where legislature has defined the interest that can be taken in condemnation, no less interest than that specified can be taken. Nothing in the charter authorized anything less than the fee be condemned. Charter provided that the condemnation must be in accordance with the general law. Condemnation statutes must be strictly construed.

Back to Case Finder Main Page
Volume One Indexes:
To Case Name Index
To Topic Index
To Date Index
To Code Section Index