In West Virginia, if someone cannot be located, what must be shown to the circuit court to proceed with mineral development?

In West Virginia, when proceeding with mineral development and the owner cannot be located, it is essential to demonstrate that the development serves public policy. This requirement is rooted in balancing the interests of private property rights with the benefits that mineral development can bring to the public, such as economic growth, job creation, and energy production. By establishing that the development aligns with public policy, the court is likely to view the need for resource extraction in a favorable light, prioritizing the overall benefit to the community and state over individual property rights in cases where the owner is absent or unavailable.

The focus on public policy highlights the importance of responsible resource management and the role of the courts in facilitating development that can yield significant societal advantages, ultimately justifying the initiation of mineral development under such circumstances.