Ohio Valley Environmental Coalition
Archive list of "E"- Notes newsletters

Click below to read articles online, or try the PDF version to view or print a replica of the paper newsletter.  Online version includes extra articles.

Winds of Change
July 2004

Contents

David Roars, Goliath Blinks - the People WIN

ANOTHER Victory! - U.S. Judge Curtails Valley Fills

The Faces of OVEC

Moving Mountains: New CD Speaks the Truth about MTR

New MTR Music CD Already Setting Sales Records, Funding Projects

A BIG Thanks!

Coalfield Flooding, Again...

People Cant Survive
If Land is Dead

Coalfield Flooding; A Heartfelt Letter from the Floodlands Tells It Like It Is

Thoughts from Logan County Residents on May 31, 2004, Flooding

BIG Thanks 2!

The State of Clean Elections in West Virginia and Arizona

A Clean Elections Victory in New Jersey

DEMOCRACY WORKS!

Voter Empowerment Plan Proves Successful on Election Day

Your Donations Add Up To A Great Big Help for Us

Whitesville MTR Trip Sparks Talk of Student Activism

Coalfield Residents Speak the TRUTH

The Masses Amass Against Maniacal, Messy Massey

He said what a native son should; Judge Haden defended W.Va.

Ted Williams on Conservation

SouthWings Helps OVEC Bring Home the Full Horror of Mountaintop Removal Mining in Appalachia

It's A Small World - Big City Happenings with MTR

Limited Special Membership Offer - Get A Free Collectible When You Join OVEC to Help Stop Mountain Range Removal in West Virginia

Miscellany

Web Extra Articles Below
(not in printed newsletter)

Id Like a Tuna On White Hold The Mercury!

Wendell Berry: People can't survive if land is dead


For viewing the PDF version

 

David Roars, Goliath Blinks - the People WIN

Supreme Court Blocks Forced Sale of Lincoln County Familys Ancestral Land

by Ken Ward Jr., May 8, 2004, Charleston Gazette

The state Supreme Court ruled Friday that a Lincoln County family was wrongly forced to sell its homeplace to make way for a mountaintop removal mine.

Justices said a lower court was wrong to discount the familys "sentimental or emotional interests" in the property in favor of the economic concerns of a coal operator.

Writing for the court, Justice Robin Davis said that the Lincoln County Circuit Court decision, if allowed to stand, "would permit commercial entities to always evict pre-existing owners."

"Im on cloud nine," said Leon Miller, whose family fought the forced sale to Arch Coal Inc. "This is going to change the law from now on as far as people taking your property. I think its about time somebody stood up to these people."

St. Louis-based Arch Coal had forced Miller and his family to sell their homeplace along the Mud River in Lincoln County.

For 100 years, Millers wife and family owned the 75-acre tract. The family homeplace includes a farmhouse, built in 1920, several small barns and a garden.

John Caudill, a coal miner who was blinded in a mining accident in the 1930s, and his wife, Lydia Caudill, raised 10 children in the home.

Today, the family no longer lives there. But some heirs spend almost every weekend there.

Arch Coal wants to tear down the familys ancestral home. It stands in the way of the companys plans to continue to expand its Hobet 21 mountaintop removal complex. Last year, Hobet 21 produced about 5.2 million tons of coal, making it among the largest surface mines in the state. Under Hobets plans, "a valley fill and in impoundment pond would destroy and inundate the farmhouse and outbuildings and bury the immediate surrounding land under the valley fill."

Over the last few years, Archs Ark Land Co. has bought out some of the Caudill heirs. Currently, the company owns a 67.5 percent interest in the property.

When Millers wife and six other heirs refused to sell the rest, Ark Land went to court.

Under state property law, a judge can order land split, or partitioned, if various owners cannot agree on how the land should be used. Through partition orders, land can actually be split among owners. This is called "in-kind" partition. Or, the land can be auctioned through a partition sale.

Generally, West Virginia law requires in-kind partitions and prohibits court-ordered sales if such a split can be done "conveniently," and if a forced sale would prejudice the interests of the owners who dont want to sell.

In Lincoln County Circuit Court, Arch Coal lawyers sought to force the remaining Caudill heirs to sell.

A mining engineer working for the heirs testified that the property could be partitioned in kind. The engineer said the land surrounding the family home did not have coal deposits, and could therefore be partitioned. An expert for the company said doing so would increase Arch Coals mining costs by several million dollars.

Judge Jay M. Hoke sided with the company, and Arch Coal bought the land at an auction for $500,000. The Caudill heirs appealed Hokes ruling.

In its Friday decision, the Supreme Court said it was "troubled" by Hokes conclusion "that partition by sale was necessary because the economic value of the property would be less if partitioned in kind."

. Davis wrote that the justices "are very sensitive to the fact that Ark Land will incur greater costs in conducting its business on the property as a result of partitioning in kind.

"However, Ark Land voluntarily took an economic gamble that it would be able to get all of the Caudill family members to sell their interests in the property," Davis wrote. "Ark Lands gamble failed."

Charleston lawyer John Barrett, who represented the Caudill heirs, said Friday afternoon, "This decision says family lands are worthy of protection, and economic interests in land arent the only kinds of interests that our law recognizes.

"As every West Virginian knows, there are some things that money cant buy."

Leon Miller gazes upon mountaintop removal/valley fill coal mining. This operation is just down the road from the Caudill homeplace, where his wife, Lucille, grew up. The family fought all the way to the state Supreme Court to keep a small chunk of their property out of Arch Coals crosshairs - and won!

 

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