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Administrative Law Keyed to Breyer
Southern Railway v. Virginia
Citation:
290 U.S. 190 (1933)Facts
Under Chapter 62 of the Acts of the General Assembly of Virginia (1930), the state highway commissioner was authorized to require railroad companies to eliminate grade crossings and construct overhead passages whenever, in his opinion, public safety and convenience required such action. The statute did not provide for notice to the railway company before the commissioner made his determination, nor did it allow for review of the necessity of the elimination (only the plans could be reviewed). Acting under this statute, the Highway Commissioner ordered Southern Railway to eliminate a grade crossing near Antlers and construct an overhead passage. The railway refused, challenging the constitutionality of the Act. The State Corporation Commission ordered compliance, and the Virginia Supreme Court affirmed, suggesting that relief would be available in equity if the commissioner acted arbitrarily.
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