City of Lynchburg v. Commonwealth ex rel. C. & O. Ry. Co.

The James River Company was incorporated by an act of the General Assembly passed in October, 1784. The charter recited that “the clearing and extending the navigation of James river, from tidewater upwards to the highest parts practicable on the main branch thereof, would be a-work of great public utility.” The company was empowered under the charter to condemn lands, cut canals, erect locks, sell stock, etc. Pursuant to its authorization, the company began the construction of a canal, which work continued for a period of years.

In 1832 the General Assembly passed an act incorporating the…