Southern Railway Co. v. Virginia

Background

A railroad company refused to remove an established road-rail grade crossing after the State Highway Commissioner, without prior notice or a hearing, ordered the crossing eliminated and an overhead constructed. The State Corporation Commission directed the railroad to build in line with the Commissioner’s plans. The Virginia Supreme Court interpreted the statute to give the Commissioner final say on whether elimination was necessary, with only a sixty-day, limited review of plans and no court review. The railroad sued, arguing this procedure deprived it of property without due process.

Reasoning

The central question was whether the statute met the Fourteenth Amendment requirement of fair process. The Court concluded it did not. It said allowing an executive officer to make a final factual finding, without notice, hearing, or evidence, and then require costly construction amounted to taking property without due process. The Court rejected the idea that an indefinite right to seek equity relief cured the lack of any prior hearing or meaningful review, and it relied on earlier decisions that require a hearing when rights turn on factual findings.

Real world impact

The ruling prevents a State officer from forcing railroads to rebuild crossings under an ex parte order; railroads must be given a fair opportunity to be heard on fundamental facts before being required to spend money or lose property use. The decision reverses the lower court’s judgment and sends the case back for further proceedings consistent with the need for proper process. It does not forbid states from removing crossings if they provide notice, hearing, or judicial review.

Dissents or concurrances

Three Justices dissented, arguing the statute lawfully delegated power to the Commissioner and that a post-deprivation review under state law was sufficient to prevent abuse.