Environmental
When a West Virginia surface owner discovers that the severed mineral rights owner intends to mine beneath their land, the surface owner's rights are governed by:
AThe WV Condominium Act
BThe accommodation doctrine and WV Surface Mine Control and Reclamation Act✓ Correct
CThe WV Landlord-Tenant Act
DFederal mineral rights statutes only
Explanation
West Virginia's accommodation doctrine requires mineral rights owners to use reasonable methods to accommodate the surface owner's existing use. The Surface Mine Control and Reclamation Act also imposes reclamation requirements on surface mining operations.
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