Justia Real Estate & Property Law Opinion Summaries

At issue in this case was the proposed expansion of municipal geographic boundaries by minor boundary adjustment by the City of Summersville, West Virginia, as approved by the Nicholas County Commission. Petitioners brought this action against the County Nicholas Commission and its members (collectively, Respondents), alleging that certain statutory requirements governing annexation were not met during the approval process, the annexation was not in the best interests of Nicholas County, the annexation amounted to a public nuisance, and that the annexation resulted in an unconstitutional taking of property without compensation. The circuit court granted the County Commission’s motion for summary judgment in part and denied Petitioners’ motion for summary judgment in part, concluding that the County Commission complied with the statutory requirements in entering the order on boundary adjustment, which authorized the City’s annexation of the property. The Supreme Court affirmed, holding that the circuit court did not err in affirming the County Commission’s determination to approve the City’s petition for an annexation by minor boundary adjustment. View "Coffman v. Nicholas County Commission" on Justia Law

All of the parties to this case were co-owners of several tracts of land. Deborah Wyckoff filed this lawsuit against David Bowyer seeking to partition the surface in kind or by sale. Bowyer filed a counterclaim and third-party complaint seeking to partition the surface and/or oil, coal and gas below the surface through partition by allotment or partition by sale. The circuit court granted summary judgment to Wyckoff, finding that Bowyer had not established the statutory elements for a partition by allotment or by sale. The court also denied Bowyer’s request to further amend his third-party complaint. The Supreme Court affirmed, holding (1) the circuit court properly found that Bowyer failed to establish his entitlement to partition by allotment or by sale; and (2) the circuit court did not err by denying Bowyer’s request to amend his complaint. View "Bowyer v. Wyckoff" on Justia Law

DWG Oil & Gas Acquisitions, LLC (DWG) contended that it was the current owner of the oil and gas underlying a parcel of land in Marshall County. The circuit court determined that the oil and gas underlying the parcel was conveyed by a 1913 deed to A.B. Campbell, a predecessor in title of Southern County Farms, Inc., Harlan and Barbara Kittle, and Lori Carpenter (collectively, Defendants). Consequently, title to the oil and gas was vested in Defendants rather than DWG. DWG appealed, arguing that it was the current owner of the oil and gas at issue by virtue of a competing chain of title arising from a 1908 deed executed by P. P. Campbell, Sr. The Supreme Court affirmed, holding that the circuit court correctly applied the law and properly found that title to the oil and gas underlying the parcel of land is currently vested in Defendants. View "DWG Oil & Gas Acquistions, LLC v. Southern Country Farms" on Justia Law

Plaintiffs sued EQT Production Company and five related entities alleging that Plaintiffs were underpaid royalties with respect to their ownership of oil and gas interests that EQT was contracted to exploit. A federal district court granted summary judgment to the related entities and partial summary judgment EQT. The court reserved its ruling on the remaining aspects of Plaintiff’s claims against EQT pending the disposition of questions certified to the Supreme Court relevant to the claims’ resolution. The Supreme Court declined to answer the second certified question and answered the first certified question as follows: When the lessee-owner of a working interest in an oil or gas well must tender to the lessor-owner of the oil or gas a royalty not less than one-eighth of the total amount paid to or received by or allowed to the lessee, W. Va. Code 22-6-8(e) requires in addition that the lessee not deduct from that amount any expenses that have been incurred in gathering, transporting, or treating the oil or gas after it has been initially extracted any sums attributable to a loss or beneficial use of volume beyond that initially measured or any other costs that may be characterized as post-production. View "Leggett v. EQT Production Co." on Justia Law

Bryan and Doris McCurdy filed an action against Mountain Valley Pipeline, LLC (MVP) seeking a declaration that MVP had no right to enter their property to survey the area as a potential location for a natural gas transmission pipeline MVP planned to construct. The McCurdys further sought both a preliminary and a permanent injunction prohibiting MVP from entering their property. The circuit court granted declaratory judgment to the McCurdys and also granted the McCurdys a preliminary and a permanent injunction prohibiting MVP from entering their property. The circuit court based its decision on its finding that MVP’s pipeline is not being constructed for a public use in West Virginia. The Supreme Court affirmed, holding that the circuit court did not err in concluding (1) MVP could enter the MCurdys’ land to survey the land only if the MVP pipeline was for a public use, and (2) the MVP pipeline was not being constructed for a public use in West Virginia. View "Mountain Valley Pipeline v. McCurdy" on Justia Law

At dispute in this case was ownership of coalbed methane (CBM) under a 1938 deed. Respondent filed a complaint against Petitioners seeking a declaration of ownership of all CBM on the property conveyed in the deed and an accounting of royalties from Petitioners. Petitioners filed counterclaims and cross claims also seeking a declaration of ownership and an accounting of royalties. The dispositive issue for determination at trial was whether CBM was considered “gas” for purposes of Petitioners’ “oil and gas” reservation in the deed. The circuit court granted judgment in favor of Respondent, concluding that, based on the totality of the circumstances, the predecessors of Petitioners did not intend the reservation in the 1938 deed to include an interest in the CBM. The Supreme Court affirmed, holding that the reservation in the 1938 deed did not include CBM due to the general opinion at the time that CBM was a hazard and a nuisance. View "Poulos v. LBR Holdings, LLC" on Justia Law

William and Kerry Smith filed a complaint alleging that Reginald Grimmett damaged their real property while developing a mobile home community on his adjacent tract of land. The jury returned a verdict in favor of Grimmett. Thereafter, the Smiths filed a motion for a new trial, asserting that the jury’s verdict was against the weight of the evidence and clearly wrong. The circuit court granted the motion. Grimmett appealed, arguing that sufficient evidence was presented at trial to support the jury’s verdict. The Supreme Court reversed, holding that the circuit court committed reversible error by setting aside the jury verdict and granting the Smiths a new trial. Remanded for entry of an order reinstating the jury’s verdict. View "Grimmett v. Smith" on Justia Law

Plaintiff signed a contract with Defendant for the construction of a house. The contract contained an arbitration clause. Plaintiff later brought suit against Defendant, claiming that there were defects in the house. Defendant filed a motion to dismiss and compel arbitration. The circuit court denied the motion, finding that the arbitration clause was unconscionable. Defendant appealed, arguing that the circuit court erred by ruling on questions of arbitrability despite the existence of a delegation provision in the arbitration agreement that vested the arbitrator with authority to determine issues of arbitrability relating to the dispute. The Supreme Court determined that the circuit court was within its rights not to enforce the delegation language because the language did not reflect the parties’ clear and unmistakable intention to delegate issues about the validity, revocability, or enforceability of the arbitration agreement to an arbitrator. The United States Supreme Court granted Defendant’s requested writ of certiorari, vacated the Supreme Court’s opinion, and remanded for further consideration in light of their decision in DIRECTV, Inc. v. Imburgia. The Supreme Court reversed the circuit court’s order, holding that because Plaintiffs never specifically challenged the delegation language before the circuit court or Supreme Court, Plaintiffs waived any right to challenge the delegation language. Remanded for arbitration. View "Schumacher Homes of Circleville v. Spencer" on Justia Law

The Division of Highways (DOH) of the West Virginia Department of Transportation acquired a portion of commercial property owned by MCNB Bank and Trust Company to facilitate construction of a new highway and tendered $417,100 to MCNB. The DOH applied to the circuit court to condemn the parcel and determine the compensation due MCNB. The circuit court ordered the DOH to deposit a total of $1,012,500 to gain defeasible title and right of entry to the property. The DOH filed this petition for extraordinary relief seeking to prohibit enforcement of the circuit court’s order insofar as it required the DOH to deposit funds in excess of its estimate and tender of $417,100. The Supreme Court granted the requested writ of prohibition, holding that the DOH was entitled to acquire the right and title to the property upon its deposit of the lesser sum of $417,100. View "State ex rel. W. Va. Dep’t of Transp. v. Hon. Robert A. Burnside" on Justia Law

Allegheny Country Farms entered into a contract to purchase a portion of Carper’s 33-acre property. The agreement was intended to resolve a boundary dispute. Before the conveyance was made, however, Carper sold her property at auction to the Huffmans, by a contract wherein the Huffmans agreed to abide by the terms of the first contract. Allegheny sought specific performance. The court granted summary judgment to the Huffmans and dismissed, as moot, and action against Carper. The Supreme Court of Appeals of West Virginia reversed: the Huffmans are contractually bound to convey a portion of their property to Allegheny. “The Huffmans entered into this contract, and its attending obligation to execute the Boundary Line Agreement, with their eyes wide open. They were clearly put on notice and assented to this requirement at the property auction.” View "Allegheny Country Farms, Inc. v. Huffman" on Justia Law