1954

Va. Elec. & Power Co. v. Webb

Supreme Court of Virginia

196 Va. 555, 84 S.E.2d 735

VEPCO was seeking to condemn easements over two tracts of land for the construction of electric transmission lines. In addition, VEPCO was also seeking unlocated easements to build or repair the lines, to which landowners objected. If ways of access were needed they should be specified and located. Trial court sustained landowners’ contention and struck the request for unlocated easements from the petition. Supreme Court reversed and remanded. The right of general access over land sought to be acquired as incidental to the utilization of the easement on which the line is erected is an interest in land and is known as a secondary easement. The secondary easement is exercised only when necessary and in a reasonable manner. The secondary easement is subject to acquisition by condemnation. Unless public service corporation arbitrarily or oppressively exercised discretion for the need of secondary easements, that discretion was not reviewable by the courts. VEPCO was entitled to condemn the secondary easements. However, the commissioners may take into consideration the destruction of crops, fences, trees and the like if they believed they would be destroyed in the construction and operation of the lines.

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