1936

Prichard v. State Highway Comm’r

Supreme Court of Virginia

167 Va. 219, 188 S.E. 166

Commissioner brought condemnation proceeding for highway construction. Landowner challenged the right to condemn, arguing that the taking was not necessary for public convenience and necessity, and that other land already owned by the Commonwealth was available and suitable. Trial court struck answer, as the question of necessity was legislative and the determination by the Commissioner was not subject to judicial review. Supreme Court affirmed. The General Assembly had delegated the power to the Commissioner to determine the necessity of all highway. That determination was not subject to judicial review.

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