1914

Norfolk County Water Co. v. Wood

Supreme Court of Virginia

116 Va. 142, 81 S.E. 19

Company filed petition to condemn land and trial court declined to appoint commissioners and dismissed case. Supreme Court affirmed and held Company had no right or authority to condemn land. The taking of private property must have more than incidental benefit to the public. It is not sufficient for the right of eminent domain if the land is to remain under private ownership and control, and no right to its use or to direct its management is conferred upon the public. The Company charter was insufficient to qualify as a public service corporation and to support the power of condemnation. As it could take private land for its own private purposes, it had no power to condemn lands.

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