From Liability to Viability: Neglected Properties Toolkit

Throughout the United States, communities trying to attract economic development are faced with abandoned and neglected buildings. In addition to being eyesores, these properties can be health and safety hazards. The problem is acute in West Virginia. To help local governments in West Virginia, the Land Use and Sustainable Development (LUSD) Law Clinic at the West Virginia University College of Law has published a free guide to navigating the legal issues of dealing with dilapidated properties. “From Liability to Viability: A Legal Toolkit to Address Neglected Properties in West Virginia” was written by the attorneys in the LUSD Law Clinic.

The easy-to-use handbook identifies the various tools available to attorneys, mayors, code enforcement officers, land use planners and community leaders. It is based on dozens of interviews conducted statewide with experts as well as in-depth reviews of local ordinances. Topics addressed in the handbook range from prioritization and collaboration to codes, eminent domain and negotiation. Although the handbook uses West Virginia law, the explanation of tools will benefit local governments across the country.

The book grew out of the LUSD Law Clinic’s experiences working throughout West Virginia over the past several years. Working with local governments on land use and planning issues, the clinic kept hearing about the problem of dilapidated properties. The issues are complex, dealing with a broad range of legal questions, but the need is very real. 

“From Liability to Viability” is part of a LUSD Law Clinic initiative called West Virginia Legal Education to Address Abandoned and Neglected Properties, or WV LEAP. A grant from the Claude Benedum Foundation in 2014 provided the initial funding for WV LEAP. A PDF of “From Liability to Viability” is available for free at wvleap.wvu.edu. Hard copies of the handbook are available by contacting the LUSD Law Clinic at (304) 293-4633 or emailing [email protected].

Jesse Richardson