1929

State Highway Comm’r v. Yorktown Ice & Storage Corp.

Supreme Court of Virginia

152 Va. 559, 147 S.E. 239

Commissioner filed petition to condemn a strip of land between the York River and a highway for the purpose of a ferry landing. Landowner demurred, stating that the Commissioner could only condemn for highway purposes and it had no authority to condemn for a ferry landing. Trial court sustained demurrer and dismissed case. Supreme Court reversed and remanded. Commissioner asserted that the State Highway Commission had the right to establish and operate ferries as connecting links to state highways. Court held condemnation was necessary for highway purposes. A ferry connecting two state highways was a continuation of those highways, and the Commissioner could determine the necessity for the condemnation and that determination was not subject to judicial review. The Commissioner had the rights as set out in the condemnation petition.

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