1921

Richmond v. Carneal

Supreme Court of Virginia

129 Va. 388, 106 S.E. 403

Pursuant to a statute in effect at that time, City sought to condemn land for an 80 foot wide boulevard. As the boulevard would cut diagonally across existing lots, the remaining lot lines would not be perpendicular to the new street. As authorized by statute, City also sought to condemn the remainder of those lots to be replatted with the land on either side readjusted to the new street lines. Landowners moved to dismiss the petition as unconstitutional, as the taking of lands outside the boulevard would be for a private purpose. Trial court agreed and approved the taking for the 80 foot wide street, but dismissed the petition as to the lands outside the street. Supreme Court affirmed. The issue was whether the taking of the residue of a lot that remained, after a portion was used for the street, was for a public use. The City planned to condemn land not needed for the street, replat it and presumably sell it at a profit. That would be a benefit to the City, but public benefit and public use are not synonymous. What constituted public use is a judicial question. A public use implies a possession, occupation and enjoyment of the land by the public at large. As the state statute and City ordinance both permitted the taking of private land for private use, they were unconstitutional, null and void.

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