Evening star., 1947-07-23
Fairfax Court Gives
Vepco 'Go-Ahead' on
Power Line Project

The Virginia Electric & Power Co.
today had the go-ahead signal from
the Fairfax County Circuit Court to
proceed with condemnation action
for a 17-mile right-of-way in the
county. :.
Judge Paul Brown gave the COM
pany IS days in which to amend its
petition for condemnation, when
arguments were heard yesterday at
Fairfax.
Following arguments from affected
property owners, the court ordered
the petition to show additional facts
before a five-member condemnation
commission is named September 4.
Among information the company
was ordered to show was location Of
power poles or towers with reference
to the right-of-way center line; the
maximum height and area of the
base of power poles and towers; the
height of wires above the ground at
the points of support, the maximum
voltage to be transmitted and the
stipulation that no buildings or sub
stations were to be erected on the
right-of-way.
Amendment Accepted.
The court yesterday accepted an
amendment to the company's petit
tion defining the extent and limiting
its authority to use private access
roads to the right t-of-way for making
repairs and for maintenance.
Under the revision, property own
ers would be- empowered to move or
alter private roads on their lands or
close of such roads entirely and the
company would be required to pay
for any damage it might do to any
of these private thoroughfares.
Under the original stipulation, the
property owners were not given 80
wide discretion to abandon or close
of private roads if they so desired
Hardee Chambliss of Fairfax and
Arnold Hirsch of'Washington argued
the case for a group of the property
owners. Mr.. Chambliss reviewed
acton of the Fairfax County Board
of Supervisors in which vepco
was authorized to erect the power
lines in November, 1916, and this
action was set aside and annulled
in April.
The supervisors are now making
an Independent study to determine
whether erection of the power line,
from south of Pohick to the vicinity
Of Falls Church, would be in viola
tion of the county coming ordinance.
Sees Information Needed.
Judge Brown said the question of
the validity of the action of the
Board of Supervisors was not before
him for ruling in the pending case.
He expressed the belief, however,
that interested persons and the con-
demnation commission were entitled
to more information than was set
out in the original petition.
II think" Judge Brown said,
those things should be specified
with more accuracy so that q COM
4AA4ooAoAt CcAA1 AllOAC 4CdAlly dOSC6S
damage. = I think the people
are entitled to know-approximately
at least-the maximum use you will
make of that land"
Norman c. Flippen, Richmond,
one of five company attorneys
present, argued Vepco has the right
to condemn property by emf
nent domain and argued that the
company had chosen route
through land now predominantly Of
a rural type.
Mr.. Flippen argued, and the court
that high voltage beyond
any amount sufficient to kill a per-
son, did not greatly affect the ques-
ton OF assessing damage" to ad-
joining properties.
Associated with Mr.. Flippen were
Gardner Boothe and Henry w.
Anderson, jr., both Of Alexandria;
Frances N. Lowden, jr., and Ralph
H. Ferrell, IT,, both Of Richmond,