1913

Jeter v. Vinton-Roanoke Water Co.

Supreme Court of Virginia

114 Va. 769, 76 S.E. 921

Company was a state-chartered corporation that was granted the power of eminent domain to carry out its purposes of providing water to Vinton and Roanoke County. The City of Roanoke passed an ordinance granting Company a franchise to supply water to its citizens. To meet demand, Company sought to acquire riparian rights of Jeter and right of way for pipeline. Commissioners made report and awarded Jeter $25, which was confirmed by the trial court. On appeal, Jeter asserted that charter was unconstitutional as it authorized taking private land for private use, that law did not allow the taking of only water rights, that the land for pipeline must be condemned in fee, and the Company already had enough water supply. Supreme Court affirmed. Interests in water, as well as land, were subject to eminent domain. The taking was for public use. The use was a clearly needful one for the public, with a definite and fixed use for the public. The Company’s charter conferred upon the Company the power to condemn. The State Corporation Commission was the instrumentality to safeguard the public in the use of private property by a public service corporation.

Dissent by Justices Buchanan and Whittle, stating that the charter did not clearly empower the Company to expand its operation to include an additional 30,000 people, and so Company was not empowered to condemn lands to accomplish that end.

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