1931

Rudacille v. State Comm’n on Conservation & Dev.

Supreme Court of Virginia

155 Va. 808, 156 S.E. 829

The Commission was created in 1926 by the General Assembly and vested with the power of eminent domain. Its purpose was to plan the establishment of a public park in the Blue Ridge Mountains. Soon thereafter, the Federal government sought title to lands in Virginia to create the Shenandoah National Park, and would accept the transfer of lands from the State. Landowner in area to be taken sought to enjoin Commission from condemning lands as being in violation of the Constitution of Virginia and the Fourteenth Amendment to the United States Constitution. Trial court denied injunctive relief and Supreme Court affirmed. A public park was a public use. No private property was taken and diverted to a private use. Further, the State could acquire property and convey it to the Federal government for any proper purpose.

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