1926

Gorieb v. Fox

Supreme Court of Virginia

145 Va. 554, 134 S.E. 914

City passed an ordinance requiring setback lines for new construction. Landowner sought permit to construct store and City Council required it to be set back thirty-four and two-thirds feet from the street line. Landowner petitioned for a writ of mandamus to compel City to issue building permit adjacent to street or closer than thirty-four feet. Landowner alleged that the ordinance was unconstitutional and authorized permits to be issued arbitrarily. Trial court held ordinance to be constitutional and dismissed action. Landowner appealed, asserting that the ordinance constituted a taking for public use without compensation. Supreme Court affirmed. The legislature, in the exercise of police power, may restrict property rights in the interests of public safety and to promote the general welfare. The legislature may confer police power of the state to cities and towns. It is within the power of the legislature to authorize city councils to establish building lines on the streets to which all property owners must conform, and when not unreasonable, such regulations are constitutional and valid. City, in the exercise of its police power, may reasonably regulate property rights without providing compensation.

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