84 Va. 906 | Va. | 1888
delivered the opinion of the court.
This controversy is over the claim of the city of Norfolk to assess and tax a lot of ground situated in the said city, and belonging to the county of Norfolk and city of Portsmouth. The same is used by the said county and city as a landing-place for their ferry, established by law, between the two cities
It is conceded (1) that this property is the property of the county of Norfolk and city of Portsmouth; (2) that the constitution of Virginia authorized, and that the legislature has exempted, “all real estate belonging to any county, city, or town ” from the payment of any taxes (Acts 1881-82, p. 382); (3) that the city of Norfolk exempts by ordinance all property exempt by the State. But it is contended that, by this fifteenth section of chapter 61, Acts 1881-82, p. 382, referred to above, this exemption does not apply to this lot, because it is there provided that “nothing herein contained shall be construed to exempt from taxation any part of a lot or building used for any private purpose or for profit; hut, where a part of such proceeds are us.ed for charitable or school purposes, then, to that extent, the said property shall be exempt from taxation; ” and that this ferry property is a source of profit over and above the expense incurred in its conduct and management. It is clear, we think, that this provision has no reference to county or city property, and that the law distinctly exempts from taxation the real estate of a city or county, for similar reasons
Decree affirmed.