Swift & Co. v. City of Newport News

Citations

• 105 Va. 108
• 52 S.E. 821
• 1906 Va. LEXIS 13

Syllabus

<p>1. Municipal Corporations—Streets—Change of Grade—Damaging Private Property.—At common law municipal corporations were not liable to one whose land was not taken for consequential damages arising from the change of grade of a street, although his improvements had been made on his lot in conformity to a former grade, and such was the law in this State prior to July 10, 1902, when the present Constitution was proclaimed. Since that date it is unlawful to damage private property for a public use without just compensation, just as it was unlawful theretofore to take private property for a public use without just compensation.</p> <p>2. Eminent Domain—Damage to Property—Constitutional Provision— How Enforced.—The provision of the present Constitution which forbids damage to private property for a public use without just compensation is self-executing, and, there being no statute providing a remedy for the recovery of such compensation, the appropriate common law action may be brought therefor.</p> <p>3. Eminent Domain—Damage to Property—Constitutional Provision— Effect on Statutes.—Upon the adoption of a Constitution forbidding the damaging of private property for a public use without just compensation, all existing statutes inconsistent with the Constitution are thereby nullified, and subsequent inconsistent statutes are forbidden.</p> <p>4. Eminent Domain—Damage to Property—Constitutional Provision— Prior Enactments—Subsequent Taking.—The constitutional inhibition upon taking or damaging private property for a public use without just compensation applies to the time of the actual taking or damaging, not to a mere paper taking or damaging. The fact that an ordinance of a city council directing a change in the grade of a street which damages the property of an adjacent land owner was adopted prior to the proclamation of the Constitution can have no effect if the actual damage was done after such proclamation. It is the actual taking or damaging which the Constitution