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U. S. v. VIRGINIA ELECTRIC CO.

No. 49.

365 U.S. 624 (1961)

UNITED STATES v. VIRGINIA ELECTRIC & POWER CO.

Supreme Court of United States.

Decided April 3, 1961.

Attorney(s) appearing for the Case

Assistant Attorney General Morton argued the cause for the United States. With him on the brief were Solicitor General Rankin, Roger P. Marquis and Harold S. Harrison.

Ralph H. Ferrell, Jr. argued the cause for respondent. With him on the brief were George D. Gibson and Francis V. Lowden, Jr.

MR. JUSTICE STEWART delivered the opinion of the Court.

In 1944 Congress authorized the construction of a dam and reservoir on the Roanoke River in Virginia and North Carolina. For purposes of that project the Government acquired by condemnation a flowage easement over 1840 acres of fast lands adjacent to the Dan River, a navigable tributary of the Roanoke. This 1840-acre tract was part of a 7400-acre estate. The respondent...

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