1909

Miller v. Pulaski

Supreme Court of Virginia

109 Va. 137, 63 S.E. 880

Town was providing electricity from its own plant to provide street lighting and to sell to individuals and corporations, but needed a larger plant as a public necessity. Town wanted to build a new generating plant and sought to condemn riparian rights to power the new plant. Petition was filed to acquire both land and perpetual diversion of creek. Commissioners awarded $250 to owners and report was confirmed. Supreme Court reversed. The question of whether a condemnation was for a public use was for the courts to consider. The public use need not be for the whole public. It may be for a restricted locality, but the benefit must be in common and not to particular individuals or estates. But the statutes granted the Town power to condemn not only for its citizens, but also any other persons and corporations. If a private use is combined with a public use the whole act is void. As the private use and public use were inseparable, the statutes were unconstitutional.

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