Riddleberger v. Chesapeake Western Railway

In my view, the majority opinion, declaring unconstitutional certain provisions of Code § 55-154, represents an unjustified abandonment of the doctrine of stare decisis to which we have often expressed our devotion. The effect may be to replace order with confusion, certainty with doubt, assurance with insecurity. A brief review of the history of the statute reveals a sound underlying legislative intent.

*223The first law establishing a prima facie presumption of nonexistence of “minerals, coals, oils, or ores” was enacted in 1924. Acts 1924, c. 472. The Act applied only to “non-mountainous” land…