1935

Ruddock v. Richmond

Supreme Court of Virginia

165 Va. 552, 178 S.E. 44

City sought to acquire property of landowner to improve navigation on James River. City had been given power to improve river by the General Assembly. City Council adopted resolution which included a map of the lands to be taken. Landowner objected to condemnation proceeding in that the map which the Council adopted was not the amended map attached to the petition, and that the city attorney was without authority to amend the land designation. Trial court overruled objection that the lands in the petition were not the lands authorized by Council to be taken. Supreme Court reversed and remanded. The power to condemn rested solely with City Council. It could not delegate that authority. The city attorney could not on his own depart from what the City resolved. The trial court should have dismissed the petition.

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