1966

Peck Iron & Metal Co. v. Colonial Pipeline Co.

Supreme Court of Virginia

206 Va. 711, 146 S.E.2d 169

Colonial sought to condemn certain easements for the construction and maintenance of a pipeline to transport petroleum products as a common carrier. Peck responded, arguing that Colonial was neither a public service corporation nor was Colonial vested with the power of eminent domain. Peck further argued that the easements were not for public use. Trial court overruled Peck and held a trial on just compensation. Supreme Court affirmed. Colonial was chartered as a public service corporation. As Colonial was authorized to conduct a public service business in Virginia, it was delegated the right to exercise the power of eminent domain. To exercise that power, (1) the taking must be for a public use, (2) the use must be needful for the public, and (3) the rights of the public to use the facilities must be protected. The efficient transportation of a needed commodity was in the public interest. Colonial did not need to get a certificate of public convenience and necessity. It was not required to do so by Va. Code § 56-265.1(b).

Back to Eminent Domain Case Finder Main Page
To Case Name Index
To Topic Index
To Date Index