1971

Potomac Elec. Power Co. v. Fugate

Supreme Court of Virginia

211 Va. 745, 180 S.E.2d 675

Power company had been directed by Commissioner to remove their utility facilities from land which had been condemned for highway construction. Power company filed declaratory judgment action to seek reimbursement for cost of relocation. Trial court ruled power company not entitled to reimbursement. Supreme Court affirmed. Power company did not own any land, easement or other interest in property. The rights here did not constitute property rights or property. Power company held a license to occupy highways and streets and did so subject to the Commissioner’s police power to require them to relocate at their own expense. The displacement of power company facilities did not result in damage in the constitutional sense.

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