Town of Cape Charles v. Ballard Bros. Fish Co.

This is an eminent domain proceeding brought by the Town of Cape Charles, in Northampton county (referred to herein as the Town), to condemn a right or easement to dredge a deep water channel from Chesapeake Bay into Kings Creek through oyster grounds held by Ballard Brothers Fish Company, Inc. (herein called Ballard), under lease from the Commonwealth of Virginia.

Kiings Creek is an estuary on the east side of the Chesapeake Bay. By Act passed in 1950 Congress authorized the dredging of a channel into Kings Creek 100 feet wide, 8 feet deep and about 6,400 feet long, together with an anchorage…