1903

Fallsburg v. Alexander

Supreme Court of Virginia

101 Va. 98, 43 S.E. 194

As an electric power generating company, Fallsburg had been given the power of eminent domain to construct dams, plants, railroads and transmission lines. Company initiated proceeding to acquire land and water rights of landowners. Landowners responded that this proceeding was an attempt to take private property for private use. Trial court agreed with landowners and dismissed action. Supreme Court affirmed. Private property cannot be taken for private use. Statute granting eminent domain authority stated that Fallsburg could acquire a site for a power generating plant to create power for its own use or for the use of other individuals or corporations. The public use to which Fallsburg was to devote the property was vague, indefinite and uncertain, and the public use could be denied or withdrawn at any time. Private benefit too clearly dominated public interest to be constitutionally permissible.

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