1907

Dice v. Sherman

Supreme Court of Virginia

107 Va. 424, 59 S.E. 388

Sherman filed petition for approval to build a dam across Naked Creek for the purpose of a public cider mill and public telephone exchange, and to condemn the property on the other side for this purpose. Trial court condemned land and permitted the construction of a dam. The landowners had strongly opposed such construction as it would ruin their mill just upstream that had been in operation for one hundred years. Supreme Court reversed and dismissed. No matter how Sherman used the term public, it was obvious that the public had no interest in either the mill or exchange. It was taking private property for a private use with only a vague public benefit, and so was constitutionally prohibited.

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