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West Virginia University

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Articles 1 - 30 of 414

Full-Text Articles in Property Law and Real Estate

Homeless Residency Restrictions, Ben A. Mcjunkin Mar 2023

Homeless Residency Restrictions, Ben A. Mcjunkin

West Virginia Law Review

Last year, the West Virginia House of Delegates introduced a radical proposal for responding to homelessness within the state: privately enforceable residency restrictions. As introduced, the restrictions prohibited homeless individuals from sheltering themselves, from being sheltered by others, or from receiving food or care within 1,500 feet of a school or childcare center. This prohibition was to operate statewide, transforming an issue that historically has been considered hyper-local into a subject of state concern. Moreover, the proposed bill established a private right of action for enforcement, legislating around the possibility of recalcitrant municipal governments declining to abide by the residency …


Toxic Bones: The Burdens Of Discovering Human Remains In West Virginia's Abandoned And Unmarked Graves, J. William St. Clair, Robert Deal Dec 2020

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 …


The Co-Tenancy Act And The Modernization Of West Virginia’S Oil And Gas Law, Jack Budig Sep 2019

The Co-Tenancy Act And The Modernization Of West Virginia’S Oil And Gas Law, Jack Budig

West Virginia Law Review

No abstract provided.


A Tenant’S Fate In The Mountain State: What State Ex Rel Morrisey V. Copper Beech Townhome Communities Means For Tenants As Consumers, Emily Ann Cramer Sep 2019

A Tenant’S Fate In The Mountain State: What State Ex Rel Morrisey V. Copper Beech Townhome Communities Means For Tenants As Consumers, Emily Ann Cramer

West Virginia Law Review

No abstract provided.


Populist Placemaking: Grounds For Open Government-Citizen Spatial Regulating Discourse, Michael N. Widener Dec 2018

Populist Placemaking: Grounds For Open Government-Citizen Spatial Regulating Discourse, Michael N. Widener

West Virginia Law Review

No abstract provided.


Liability For Unintentional Nuisances: How The Restatement Of Torts Almost Negligently Killed The Right To Exclude In Property Law, Jill M. Fraley Dec 2018

Liability For Unintentional Nuisances: How The Restatement Of Torts Almost Negligently Killed The Right To Exclude In Property Law, Jill M. Fraley

West Virginia Law Review

No abstract provided.


Receivership: Another Option For Partition Of Heirs Property, Jesse J. Richardson Jr. Apr 2018

Receivership: Another Option For Partition Of Heirs Property, Jesse J. Richardson Jr.

West Virginia Law Review

No abstract provided.


Who Owns North Carolina? Econometric, Geospatial, And Interview Analyses Of Land In Appalachian North Carolina For Land Policy Reform In The Appalachians: A Research Design And Findings To Date, Jacob Meadows Apr 2018

Who Owns North Carolina? Econometric, Geospatial, And Interview Analyses Of Land In Appalachian North Carolina For Land Policy Reform In The Appalachians: A Research Design And Findings To Date, Jacob Meadows

West Virginia Law Review

No abstract provided.


Land Tenure And Sustainable Agriculture, Jesse Richardson Apr 2016

Land Tenure And Sustainable Agriculture, Jesse Richardson

Law Faculty Scholarship

No abstract provided.


Statutory Pooling And Unitization In West Virginia: The Case For Protecting Private Landowners, James E. Mcdaniel Sep 2015

Statutory Pooling And Unitization In West Virginia: The Case For Protecting Private Landowners, James E. Mcdaniel

West Virginia Law Review

No abstract provided.


One Stick In The Bundle: Characterizing Nonparticipating Royalty Interests Under West Virginia Law, Andrew S. Graham, Allison J. Farrell, Lauren A. Williams, Amber M. Moore Dec 2014

One Stick In The Bundle: Characterizing Nonparticipating Royalty Interests Under West Virginia Law, Andrew S. Graham, Allison J. Farrell, Lauren A. Williams, Amber M. Moore

West Virginia Law Review

No abstract provided.


Lights Out In The Bakken: A Review And Analysis Of Flaring Regulation And Its Potential Effects On North Dakota Shale Oil Production, Monika U. Ehrman Dec 2014

Lights Out In The Bakken: A Review And Analysis Of Flaring Regulation And Its Potential Effects On North Dakota Shale Oil Production, Monika U. Ehrman

West Virginia Law Review

No abstract provided.


A Fresh Look At An Old Tort: Litigating Slander Of Title In Mineral Disputes, J. Zak Ritchie Apr 2013

A Fresh Look At An Old Tort: Litigating Slander Of Title In Mineral Disputes, J. Zak Ritchie

West Virginia Law Review

No abstract provided.


A Review Of The Implied Covenant Of Development In The Shale Gas Era, George A. Bibkos Apr 2013

A Review Of The Implied Covenant Of Development In The Shale Gas Era, George A. Bibkos

West Virginia Law Review

No abstract provided.


Delinquent And Non-Entered Lands And Due Process, John W. Fisher Ii Sep 2012

Delinquent And Non-Entered Lands And Due Process, John W. Fisher Ii

West Virginia Law Review

No abstract provided.


Title Examinations, When Is Action On The Security Instrument Barred, John W. Fisher Ii Sep 2011

Title Examinations, When Is Action On The Security Instrument Barred, John W. Fisher Ii

West Virginia Law Review

No abstract provided.


The Illusion Of Due Process In West Virginia's Property Tax Appeals System: What Illusion?, Steven R. Broadwater Apr 2011

The Illusion Of Due Process In West Virginia's Property Tax Appeals System: What Illusion?, Steven R. Broadwater

West Virginia Law Review

No abstract provided.


Adverse Possession Of The State's Property, John W. Fisher Ii Apr 2011

Adverse Possession Of The State's Property, John W. Fisher Ii

West Virginia Law Review

No abstract provided.


Rural Property Law, Alan Romero Apr 2010

Rural Property Law, Alan Romero

West Virginia Law Review

No abstract provided.


A Survey Of The Law Of Easements In West Virginia, John W. Fisher Ii Apr 2010

A Survey Of The Law Of Easements In West Virginia, John W. Fisher Ii

West Virginia Law Review

No abstract provided.


Hydraulic Fracturing Goes To Court: How Texas Jurisprudence On Subsurface Trespass Will Influence West Virginia Oil And Gas Law, Travis Zeik Jan 2010

Hydraulic Fracturing Goes To Court: How Texas Jurisprudence On Subsurface Trespass Will Influence West Virginia Oil And Gas Law, Travis Zeik

West Virginia Law Review

No abstract provided.


The Scope Of Title Examinations In West Virginia Revisited, John W. Fisher Ii Apr 2009

The Scope Of Title Examinations In West Virginia Revisited, John W. Fisher Ii

West Virginia Law Review

No abstract provided.


Update: The Amended And Reenacted Delinquent And Nonentered Land Statutes - The Title Examination Ramifications, Robert Louis Shuman Apr 2009

Update: The Amended And Reenacted Delinquent And Nonentered Land Statutes - The Title Examination Ramifications, Robert Louis Shuman

West Virginia Law Review

No abstract provided.


One May V. The 800-Pound Gorilla: An Argument For Truly Just Compensation In Condemnation Proceedings, Allison Minton Jan 2009

One May V. The 800-Pound Gorilla: An Argument For Truly Just Compensation In Condemnation Proceedings, Allison Minton

West Virginia Law Review

No abstract provided.


Chop It Up Or Sell It Off: An Examination Of The Evolution Of West Virginia's Partition Statute, John Mark Huff Sep 2008

Chop It Up Or Sell It Off: An Examination Of The Evolution Of West Virginia's Partition Statute, John Mark Huff

West Virginia Law Review

No abstract provided.


Confronting The Appalachian Breakdown: Historic Preservation Law In Appalachia And The Potential Benefits Of Historic Preservation For Rural Communities, Rebecca S. Schoen Apr 2008

Confronting The Appalachian Breakdown: Historic Preservation Law In Appalachia And The Potential Benefits Of Historic Preservation For Rural Communities, Rebecca S. Schoen

West Virginia Law Review

No abstract provided.


The Policy Power And "Pubic Use": Balancing The Public Interest Against Private Rights Through Principled Constitutional Distinctions, Christopher Supino Jan 2008

The Policy Power And "Pubic Use": Balancing The Public Interest Against Private Rights Through Principled Constitutional Distinctions, Christopher Supino

West Virginia Law Review

No abstract provided.


Use Of Motive Evidence In Judicial Review Of Rezonings, Michael Allen Dymersky, Jesse Richardson Jun 2007

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 …


The Downlow On Kelo: How An Expansive Interpretation Of The Public Use Clause Has Opened The Floodgates For Eminent Domain Abuse, Eric L. Silkwood Jan 2007

The Downlow On Kelo: How An Expansive Interpretation Of The Public Use Clause Has Opened The Floodgates For Eminent Domain Abuse, Eric L. Silkwood

West Virginia Law Review

No abstract provided.


A Taking Without Just Compensation? The Constitutionality Of Amortization Provisions For Nonconforming Uses, Julie R. Shank Sep 2006

A Taking Without Just Compensation? The Constitutionality Of Amortization Provisions For Nonconforming Uses, Julie R. Shank

West Virginia Law Review

No abstract provided.