1979

State Highway & Transp. Comm’r v. Edwards Co.

Supreme Court of Virginia

220 Va. 90, 255 S.E.2d 500

Edwards was a distributor of coal and oil in Newport News, and had been in business for fifty years. On this property were 200 feet of railroad siding, a coal unloading pit, a conveyor house and system, truck scales and underground storage tanks. Commissioner needed a portion of the property for street improvement. Edwards asserted the above items were personalty, not subject to condemnation. Commissioner argued they were all fixtures and therefore realty. Supreme Court held that all the items had been in place for forty years or more, and it was clear that Edward’s intent was to make these items permanent accessions to the land. The Commissioner could acquire these items for public use. Case remanded for trial on just compensation.

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