RIDDLEBERGER v. CHESAPEAKE WESTERN RY.

Record No. 820760.

327 S.E.2d 663 (1985)

H.D. RIDDLEBERGER, Jr., et al. v. CHESAPEAKE WESTERN RAILWAY.

Supreme Court of Virginia.

March 8, 1985.


Attorney(s) appearing for the Case

James V. Lane, Harrisonburg (Donald D. Litten, Litten, Sipe & Miller, Harrisonburg, on brief), for appellants.

Phillip C. Stone, Harrisonburg (Ronald D. Hodges, Wharton, Aldhizer & Weaver, Harrisonburg, on brief), for appellee.

Present: All the Justices.


THOMAS, Justice.

In this appeal, we are called upon to decide whether Code § 55-154, Acts 1981, c. 518, violates the Constitution of Virginia. That code section and its related provision, Code § 55-155, concern a procedure by which an owner of realty can extinguish mineral rights reservations that encumber the realty.

The Riddlebergers sued to extinguish mineral rights reservations on their land. Chesapeake Western Railway (Chesapeake) filed a demurrer...

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