1966

Rudee Inlet Auth. v. Bastian

Supreme Court of Virginia

206 Va. 906, 147 S.E.2d 131

The Authority was created in 1960 as a political subdivision of the Commonwealth and was given the power of eminent domain. In a condemnation proceeding, the trial court found some of the powers given the Authority unconstitutional and dismissed petition. Supreme Court affirmed. There was nothing in the enabling legislation to prevent the Authority from condemning private property and selling it to private individuals for private use. The Fifth Amendment to the United States Constitution does not permit taking private lands for private use. A public use is one in which the public has an interest.

Dissent by Justices Carrico and Gordon, stating that the entire act by which the Authority was created was unconstitutional, and not the limited part as held by the majority.

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