1905

Great Falls Power Co. v. Great Falls

Supreme Court of Virginia

104 Va. 416, 52 S.E. 172

Both companies were public service companies with the power of eminent domain. Railroad went before State Corporation Commission to acquire land of Power Company. It wanted 18 acres of Power Company land along the Potomac River near the Great Falls. SCC certified a public necessity or essential public convenience existed, and that the land to be taken was not essential to the Power Company. Supreme Court reversed and remanded. It was clear the Railroad was not choosing this terminal site with the intention of handling freight or to accommodate the traveling public, but solely as a sightseeing location to generate revenue. This use could not be said to be a public necessity demanding the displacement of the Power Company from its lands.

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