1940

Mumpower v. Hous. Auth. of Bristol

Supreme Court of Virginia

176 Va. 426, 11 S.E.2d 732

Mumpower brought declaratory judgment action challenging the legality of the Authority, and that it was unconstitutionally condemning property for private use. Trial court sustained demurrers filed by defendants and dismissed case. Supreme Court affirmed. The purpose of the Housing Authorities Law enacted by the General Assembly was to eradicate slums and provide modern living accommodations. It was common knowledge that slums were gathering places of filth, lust, crime, disease and degeneracy. Slum eradication was of vital concern to the public and the subject for the exercise of police power. The Authority could be created under the police power of the State for the purpose of slum eradication. In the exercise of police power, the Legislature may restrict personal and property rights in the interests of the public health, public safety and the promotion of the general welfare. Further, low cost housing projects came within the exercise of police power. The Legislature did not act in an arbitrary or unreasonable manner, and the courts will not substitute their judgment for that of the legislative body. There was no constitutional restriction on the creation of the Authority, and the Legislature could confer its police power on municipal corporations. The property acquired by the Authority was for a public use which supported the right of eminent domain. A public use was one in which the public has an interest and the terms and manner of its enjoyment must be within the control of the State, independent of the rights of a private owner. When private benefit and public use are blended, the judicial practice is to approve the undertaking if it is capable of furthering the public use and disregard the private benefit as a mere incident. As the indispensable part of eradicating slums was providing decent homes, the use of the property in this case was a public one. The Authority also had the right to borrow funds against the property, even if that meant in case of default a private lender could obtain the property.

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