1931

Page v. Commonwealth

Supreme Court of Virginia

157 Va. 325, 160 S.E. 33

City of Norfolk sought permission from the State Corporation Commission to use the power of eminent domain to condemn 14,841 acres of railroad property to create a beach and park for “colored inhabitants” of the City. Railroad did not object, and SCC granted right to condemn over objection of intervening nearby landowners. Supreme Court affirmed Commission. The City had the authority, by the City Charter, to create by eminent domain recreative facilities for its citizens. Although there was the separate question of whether the adjacent landowners would have value of their properties diminished, that question was not raised as part of the appeal from the SCC. Rather, that question could be raised in the condemnation proceedings to be instituted by the City. There was sufficient evidence before the Commission of public necessity or essential public convenience that required granting permission to condemn.

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