Come Home to West Virginia? Buyer Beware!

In 2007, Patsy Tomlin and Kelly Williams were living in Alaska, but looking to return to and retire in Kellys home state of wild and wonderful West Virginia. They were excited about building their dream home and enjoying the serenity and beauty of the Mountain State.

In the spring of 2008, they found a beautiful 40-acre tract of land in Nicholas County, WV.  The listing (Field and Stream Real Estate) noted that the land would be the "ideal place for a hunting club or camp or as your new address." 

The real estate agent and the selling owners were well aware of the plans that Williams and Tomblin had in mind in making this property their retirement place, and they closed on the sale of the land that June.

Unbeknownst to the new owners, however, the property was located within 1,000 feet of a proposed mountaintop removal site that will be developed, leased, owned, mined, or operated by the coal companies (Peters Creek, Amvest, and/or Consol and/or their subsidiaries).

Also unbeknownst to Tomblin and Williams, the coal companies planned to construct a coal haul road directly beside the subject property. The proposed coal haul road sits within 20 feet of a residence constructed by the new owners.

After they discovered the disheartening truth about the proximity of the haul road to their dream home, Tomblin and Williams were led to believe by company representatives that the companies would buy their property from them or even trade them for "riverfront property," plus offer additional land leasing options in other areas of West Virginia.

The company has offered $130,000 to purchase the property. When this offer was made, the new owners had already spent over  $300,000 in building materials, land and expenses.

The companies involved have not followed through with their promises to help rectify the situation, so Tomblin and Williams decided to file suit against the coal companies and the real estate agent in order to find some justice in their situation.  They are being represented by Rist Law Offices of Beckley, WV.

Lets make it clear to our governor and our representatives: If we truly want people to "Come Home to West Virginia," we must preserve the peace, quiet, and beauty of the mountains that we promise them. 

At the very least, let us alert our friends and relatives to the pitfalls and loopholes of buying land near potential mountaintop removal sites.