1998

Town of Blackstone v. Southside Elec. Coop.

Supreme Court of Virginia

256 Va. 527, 506 S.E.2d 773

In 1992, Town of Blackstone annexed a 2.5 square mile area of Nottoway County. Both Town and Southside Electric Cooperative provided retail electric service in the annexed area. Town Council passed a resolution in 1996 to acquire Southside’s facilities by condemnation pursuant to Va. Code § 56-265.4:2. Town filed application with State Corporation Commission seeking condemnation permission, claiming that public necessity or essential public convenience required the acquisition. Commission denied Town’s application. Supreme Court affirmed. Permission had to be obtained from the Commission. The decision of the Commission is presumed to be correct unless without support in the record or manifestly in error.

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