1878

Plecker v. Rhodes

Supreme Court of Virginia

71 Va. 795

Builder was given franchise to construct bridge and condemn land as would be necessary. Builder had to institute condemnation proceedings, and landowner appealed to circuit court which decided in landowner’s favor. Supreme Court reversed. Legislature had power to determine what public ways were needed and the power to grant authority to builder to construct bridge, all of which was in consideration of the public’s benefit. If the legislature was satisfied with that benefit, there was no requirement for judicial inquiry as to the public’s benefit. The bridge erection was not a private interest but a public one, and the builder could condemn property for public use under the authority given him by the legislature.

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