1937

Light v. Danville

Supreme Court of Virginia

168 Va. 181, 190 S.E. 276

City of Danville was building a hydro-electric plant and transmission lines to serve citizens of Danville. City needed property of landowner in connection with project and brought condemnation proceedings. Commissioners awarded Light $150. Landowner had objected on constitutional grounds that City intended to sell power to private entities other than citizens of Danville which was taking land for private purposes. Trial court overruled Light, holding that primary purpose was to provide for the public benefit and any sale of surplus power outside the City was incidental. Supreme Court affirmed. A use to be public must be fixed and definite. It must be one in which the public has an interest. The sale of surplus energy to some private entities beyond the City’s borders did not detract from the public use of providing power to the City’s citizens.

Dissent by Justice Campbell stating that the exercise of eminent domain by the City was impermissible as it took private property for private use, as selling power to citizens of other jurisdictions was a private use.

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