2007
Town of Purcellville v. Loudon County Bd. of Supervisors
Virginia Circuit Court
74 Va. Cir 417
Town sought to acquire unimproved land in County to improve waterworks system. County owned property as a proposed school site. County challenged use of eminent domain to take publicly owned County lands. Town had power to acquire property outside the town for improvement of waterworks. However, court held that power of eminent domain as an attribute of sovereignty must be the subject of an express grant. There had been no express grant by the legislature of eminent domain authority to condemn publicly owned property. Petition to condemn was dismissed.
Summary prepared by Judge Jonathan Apgar, 23rd Judicial Circuit in Virginia, for the William & Mary Property Rights Project, Marshall-Wythe School of Law, William & Mary ©2019.
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