1971

Va. Elec. & Power Co. v. Coleman

Supreme Court of Virginia

212 Va. 171, 183 S.E.2d 130

Power company sought to condemn 30-foot-wide easement for construction of a pole line. Power company also sought the right to remove trees which in falling over could come within 10 feet of any conductor. The landowner moved the court to make power company specify the width of the additional easement. Trial court granted the motion, and power company amended the petition to seek an additional 30 feet on either side of the easement. Commissioners awarded $1500 for the easement, and $1950 for damage to other property. Supreme Court reversed and remanded. Power company did not have to specify location of an unlocated secondary easement. The original petition sufficiently described the right of removal to the trees located along the pole line. The commissioners may have thought the easement was 90 feet wide, which was prejudicial to the power company.

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