§22-1A-1. Short Title
This article shall be known and may be cited as the Private Real Property Protection Act.
§22-1A-2. Legislative Findings and Purpose
It is the policy of this state that action by the Division of Environmental Protection affecting private real property is subject to such protection as is afforded by the Constitutions of the United States and of West Virginia and the principles of nuisance law. The Legislature intends that the Division of Environmental Protection follow certain […]
§22-1A-3. Actions by Division of Environmental Protection; Requirement for Assessment
(a) Whenever the Division of Environmental Protection considers any action within its statutory authority that is reasonably likely to deprive a private real property owner of his or her property in fee simple or to deprive an owner of all productive use of his or her private real property, it shall prepare an assessment that […]
§22-1A-4. Buffer Zones
(a) Prior to the Division of Environmental Protection requiring that a buffer zone be created on private real property, the division shall prepare a report which shall identify the public purpose or policy which is to be served by the creation of the buffer zone and how the creation and maintenance of the buffer zone […]
§22-1A-5. Remedies
When a court of competent jurisdiction determines that action of the Division of Environmental Protection, within its statutory authority, requires that compensation be paid to a private real property owner pursuant to section nine, article three of the Constitution of West Virginia, or the fifth or fourteenth amendments of the Constitution of the United States […]
§22-1A-6. Scope of Application
The provisions of this article only apply to the programs administered by the Division of Environmental Protection on the effective date of this article.