1908

Louisville & Nashville R.R Co. v. Interstate R.R. Co.

Supreme Court of Virginia

108 Va. 502, 62 S.E. 369

Interstate Railroad desired to extend its line and needed to cross line of Louisville. The matter went before State Corporation Commission, and Commission determined where the connecting track would go and how much land would be taken. Louisville requested just compensation for the take and for damage to the residue, but SCC denied request. Louisville sought injunction to prevent construction until just compensation had been made, but trial court denied request, stating that the taking was not private property for public use. Supreme Court reversed and remanded. A railroad company’s right of way was private property. It was entitled to the protection of the Constitution and could not be appropriated except on payment of compensation through eminent domain.

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