1907

Clear Creek Water Co. v. Gladeville Improvement Co.

Supreme Court of Virginia

107 Va. 278, 58 S.E. 586

Water Company, a public service corporation, had the power to condemn any interest in property for its purposes. Company filed a petition to condemn certain riparian rights to provide water to Norton citizens through diverting the waters of Clear Creek. Trial court sustained demurrer of Gladeville, holding that water rights alone could not be condemned, but that whole interest in the land must be taken. Supreme Court reversed and remanded. Interests in water were subject to the law of eminent domain. When the waters of a stream were diverted, the inferior riparian owner was entitled to compensation for the use of the water for which he was deprived. The Company needed to divert the water of the stream for its purposes, but had no need to use the bed of the creek.

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