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Articles 1 - 30 of 46
Full-Text Articles in Law
Toxic Bones: The Burdens Of Discovering Human Remains In West Virginia's Abandoned And Unmarked Graves, J. William St. Clair, Robert Deal
Toxic Bones: The Burdens Of Discovering Human Remains In West Virginia's Abandoned And Unmarked Graves, J. William St. Clair, Robert Deal
West Virginia Law Review Online
This article pulls up and highlights a land use restriction, or financial burden, imposed upon West Virginia private real estate owners who inadvertently uncover human skeletal remains in unmarked graves on their property. In this state, those coming across human bones that historians and archaeologists eventually deem have no historical or archeological significance have a choice—pay the costs to have the bones removed and reinterred or cover the bones and use the property only as a cemetery in perpetuity. This burden becomes more acute when comparing West Virginia’s law to those of other states that require government officials, at public …
Populist Placemaking: Grounds For Open Government-Citizen Spatial Regulating Discourse, Michael N. Widener
Populist Placemaking: Grounds For Open Government-Citizen Spatial Regulating Discourse, Michael N. Widener
West Virginia Law Review
No abstract provided.
Exempt Wells And Agriculture, Jesse Richardson, Iris Aloi
Exempt Wells And Agriculture, Jesse Richardson, Iris Aloi
Law Faculty Scholarship
No abstract provided.
Land Tenure And Sustainable Agriculture, Jesse Richardson
Land Tenure And Sustainable Agriculture, Jesse Richardson
Law Faculty Scholarship
No abstract provided.
Conservation Easements And Adaptive Management, Jesse Richardson
Conservation Easements And Adaptive Management, Jesse Richardson
Law Faculty Scholarship
The perpetual nature of conservation easements makes adaptive management difficult on easement property. Various easement provisions may be used to incorporate adaptive management principles into a conservation easement, but various factors, including state statutory requirements and Internal Revenue Code requirements for deductibility, limit the flexibility of management on conservation easement lands. Jesse Richardson discusses how conservation easements limit implementation of adaptive management principles on protected lands. Case studies of conservation easements that now fail to fulfill the original conservation purpose, but are locked into perpetual conservation, illustrate the limitations of conservation easements. Richardson also discusses likely future conflicts between conservation …
Use Of Motive Evidence In Judicial Review Of Rezonings, Michael Allen Dymersky, Jesse Richardson
Use Of Motive Evidence In Judicial Review Of Rezonings, Michael Allen Dymersky, Jesse Richardson
Law Faculty Scholarship
In this Article, Michael Allen Dymersky and Jesse J Richardson Jr examine the widespread rule of judicial review that a court should not consider evidence of motive in reviewing legislative actions by local government. They evaluate the rule in the context of a rezoning case in Highland County, Virginia, in which a group of plaintiffs conclusively established that improper motive prompted one supervisor to vote in favor of rezoning the subject property. The Highland County Circuit Court invoked the rule against judicial review of motive evidence to foreclose any consideration of the admitted improper personal motives that had inspired that …
This Land Is Whose Land? The Feasibility Of Extraterritorial Jurisdiction In West Virginia's Land Use Planning Laws, Lori Schwartzmiller
This Land Is Whose Land? The Feasibility Of Extraterritorial Jurisdiction In West Virginia's Land Use Planning Laws, Lori Schwartzmiller
West Virginia Law Review
No abstract provided.
Beyond Fairness: What Really Works To Protect Farmland, Jesse Richardson
Beyond Fairness: What Really Works To Protect Farmland, Jesse Richardson
Law Faculty Scholarship
No abstract provided.
Nuisance Revisited After Buchanan And Bormann, Jesse Richardson, Theodore A. Feitshans
Nuisance Revisited After Buchanan And Bormann, Jesse Richardson, Theodore A. Feitshans
Law Faculty Scholarship
No abstract provided.
The Voluntary Remediation And Redevelopment Act--West Virginia Restructures Environmental Liability, M. Ann Bradley, David L. Yaussy
The Voluntary Remediation And Redevelopment Act--West Virginia Restructures Environmental Liability, M. Ann Bradley, David L. Yaussy
West Virginia Law Review
No abstract provided.
Land Use Regulation And The Takings Clause: How Much Use Must An Owner Lose Before Being Entitled To Compensation Because The Government Has Taken The Property?, Patrick C. Mcginley
Land Use Regulation And The Takings Clause: How Much Use Must An Owner Lose Before Being Entitled To Compensation Because The Government Has Taken The Property?, Patrick C. Mcginley
Law Faculty Scholarship
No abstract provided.
Current Issues Relating To Emergency Federal Coal Leasing, David B. Pariser
Current Issues Relating To Emergency Federal Coal Leasing, David B. Pariser
West Virginia Law Review
No abstract provided.
Assessing Abandoned Mining Land Reclamation Fees On Coal, Deborah S. Colby
Assessing Abandoned Mining Land Reclamation Fees On Coal, Deborah S. Colby
West Virginia Law Review
No abstract provided.
Keystone Bituminous Coal Association V. Debenedictis: A Regulatory Taking, Monique Van Damme
Keystone Bituminous Coal Association V. Debenedictis: A Regulatory Taking, Monique Van Damme
West Virginia Law Review
No abstract provided.
The Federal Coal Leasing Amendments Act Of 1976 And Prior Federal Coal Leases: Putting New Wine Into Old Bottles, Michael H. Hyer
The Federal Coal Leasing Amendments Act Of 1976 And Prior Federal Coal Leases: Putting New Wine Into Old Bottles, Michael H. Hyer
West Virginia Law Review
No abstract provided.
Encouraging Advances In Mining And Reclamation Practices: An Analysis Of The Experimental Practices Provision Of The Surface Mining Control And Reclamation Act Of 1977, David C. Short, John R. Batt, Barbara Lovan
Encouraging Advances In Mining And Reclamation Practices: An Analysis Of The Experimental Practices Provision Of The Surface Mining Control And Reclamation Act Of 1977, David C. Short, John R. Batt, Barbara Lovan
West Virginia Law Review
No abstract provided.
Kell V. Appalachian Power Co.: Aerial Application Of Herbicides On Utility Right-Of-Ways, Thad S. Huffman West Virginia University College Of Law
Kell V. Appalachian Power Co.: Aerial Application Of Herbicides On Utility Right-Of-Ways, Thad S. Huffman West Virginia University College Of Law
West Virginia Law Review
No abstract provided.
Disturbing Surface Rights: What Does Reasonably Necessary Mean In West Virginia, Clinton W. Smith
Disturbing Surface Rights: What Does Reasonably Necessary Mean In West Virginia, Clinton W. Smith
West Virginia Law Review
No abstract provided.
Retroactive Land Statutes--Indiana's Dormant Mineral Act Declared Constitutional, Deborah Mchenry Woodburn
Retroactive Land Statutes--Indiana's Dormant Mineral Act Declared Constitutional, Deborah Mchenry Woodburn
West Virginia Law Review
No abstract provided.
West V. National Mines: Creation Of Private Nuisance By Use Of Public Property, Gene W. Bailey Ii
West V. National Mines: Creation Of Private Nuisance By Use Of Public Property, Gene W. Bailey Ii
West Virginia Law Review
No abstract provided.
Agricultural Land Preservation By Local Government, Thomas R. Michael
Agricultural Land Preservation By Local Government, Thomas R. Michael
West Virginia Law Review
No abstract provided.
Short-Notice Termination Clauses In Coal Leases: Effect On Percentage Depletion, Robert G. Lathrop
Short-Notice Termination Clauses In Coal Leases: Effect On Percentage Depletion, Robert G. Lathrop
West Virginia Law Review
No abstract provided.
Ownership Of Coalbed Gas: United States Steel Corp. V. Hoge, Richard H. Lorensen
Ownership Of Coalbed Gas: United States Steel Corp. V. Hoge, Richard H. Lorensen
West Virginia Law Review
No abstract provided.
A New Program For The Management Of Federal Coal Reserves, Guy R. Martin
A New Program For The Management Of Federal Coal Reserves, Guy R. Martin
West Virginia Law Review
No abstract provided.
A Review Of The Conflict Between Community-Based Group Homes For The Mentally Retarded And Restrictive Zoning, Jane E. Reiner
A Review Of The Conflict Between Community-Based Group Homes For The Mentally Retarded And Restrictive Zoning, Jane E. Reiner
West Virginia Law Review
No abstract provided.
Cecil D. Andrus, Secretary Of The Interior V. State Of Idaho Et Al., Patrick C. Mcginley
Cecil D. Andrus, Secretary Of The Interior V. State Of Idaho Et Al., Patrick C. Mcginley
Law Faculty Scholarship
No abstract provided.
The Public Use Limitation In Eminent Domain: Handley V. Cook, Donna P. Grill
The Public Use Limitation In Eminent Domain: Handley V. Cook, Donna P. Grill
West Virginia Law Review
No abstract provided.
The Protection Of Hydrologic And Land Preservation Values Under The Surface Mining Control And Reclamation Act Of 1977: A Welcome Reform, David Wooley
West Virginia Law Review
No abstract provided.
Preventive Law And The Negotiating And Drafting Of Coal Leases After The Surface Mining Control And Reclamation Act Of 1977, Laurence W. Hancock
Preventive Law And The Negotiating And Drafting Of Coal Leases After The Surface Mining Control And Reclamation Act Of 1977, Laurence W. Hancock
West Virginia Law Review
No abstract provided.
Citizen Participation In The Regulation Of Surface Mining, Joshua I. Barrett
Citizen Participation In The Regulation Of Surface Mining, Joshua I. Barrett
West Virginia Law Review
Public participation in the regulatory process has become increasingly common in recent years, especially in environmental matters. The West Virginia Surface Mining and Reclamation Act contains a number of devices by which citizens can present their views concerning proposed strip mines and can compel enforcement of the Act's provisions. The federal Surface Mining Control and Reclamation Act of 1977, by allowing citizen access to almost every phase of the regulatory process, opens even more avenues for participation than are currently available in West Virginia and other states. An invitation to citizens to take part in these regulatory and enforcement activities …