W. Va. Code § 22-1A-5
This is the official text of W. Va. Code § 22-1A-5, part of West Virginia’s Va. Code — part of the compiled statutory law of West Virginia, published by the state as "Va. Code." Browse the sections below, each linked to its official government source.
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§22-1A-5. Remedies.
Official statutory text
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 or the principles of nuisance law, the private real property owner is also entitled to his or her reasonable attorney fees and costs:
(1) If the court determines that the division failed to perform the assessment required in section three of this article; or
(2) If the court determines that the division performed the assessment required in section three of this article but failed to conclude that its action was reasonably likely to require compensation to be paid to the private real property owner.
(1) If the court determines that the division failed to perform the assessment required in section three of this article; or
(2) If the court determines that the division performed the assessment required in section three of this article but failed to conclude that its action was reasonably likely to require compensation to be paid to the private real property owner.
Status: in_force · Read it on the official government site
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