Phillips v. Foster

The question we decide in this case is whether Code § 21-428 (Repl. Vol. 1960) is unconstitutional as applied to the facts of this case, upon the ground that it authorizes the taking of private property for private use. It provides as follows:

“§ 21-428. Right to drain land through lands of others. — Any person desiring to drain his lands through the lands of others may apply to the circuit court of the county or corporation court of the city in which the whole or a part of the last mentioned lands lie, for the appointment of commissioners to ascertain and report upon the property [sic] 1 of…