1912
Miller v. Pulaski
Supreme Court of Virginia
114 Va. 85, 75 S.E. 767
Town condemned, as a municipal corporation, the land and water rights of the landowners. Landowners asserted that Town’s charter did not grant it power to condemn. Supreme Court held that statute in effect at that time granted eminent domain to the Town to establish water works if the necessity was shown to exist to the satisfaction of the court. The necessity was not an absolute one, but a reasonable necessity. As the evidence supported the trial court’s finding, and as the commissioners’ award was not inadequate, the judgment was affirmed.
Summary prepared by Judge Jonathan Apgar, 23rd Judicial Circuit in Virginia, for the William & Mary Property Rights Project, Marshall-Wythe School of Law, William & Mary ©2019.
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