1993

Virginia-American Water Co. v. Prince William County Serv. Auth.

Supreme Court of Virginia

246 Va. 509, 436 S.E.2d 618

County Service Authority sought to acquire privately owned public service corporation by eminent domain. Private corporation sought declaratory judgment before State Corporation Commission that County Authority had to obtain certification that public necessity or essential public convenience required the condemnation. SCC ruled that the statute then in effect granted the County Authority the right to proceed with condemnation without prior SCC approval. Supreme Court affirmed. In a lengthy discussion of statutory interpretation, the Court held that the General Assembly intended, by statute in effect at that time, to grant service authorities in larger cities and counties the same powers of eminent domain, and the same freedom to proceed without SCC approval, as was already accorded those cities and counties.

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