1930

Hopewell v. Norfolk & W. Ry. Co.

Supreme Court of Virginia

154 Va. 19, 152 S.E. 537

City wanted to extend road and sought a permanent easement across five tracks of Railway. Railway objected and asserted that City needed to apply to the State Corporation Commission to obtain a certificate of public necessity or essential public convenience as required by a statute in effect at that time. Trial court dismissed petition as City did not possess certificate required by law. Supreme Court affirmed. A city stands on the same footing as other corporations possessing the power of eminent domain and eminent domain can only be exercised in such a manner as the General Assembly may direct. The statutes gave the SCC the ultimate power to give or withhold consent for a municipality to condemn property of a public service corporation possessing the power of eminent domain. Any change was a matter for the legislature.

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