W.Va. Department of Transportation, Div. of Highways v. Douglas R. Veach

What does the word “mineral” mean when it is used in a deed, will, or other document conveying an interest in land? I give great credit to the DOH’s appellate counsel for arguing this mineral question on appeal, and—unlike the DOH’s original trial counsel—for competently attempting to defend the public fisc. The majority opinion properly did not consider appellate counsel’s well-reasoned arguments because the original trial counsel had stipulated the answer and failed to preserve the question for appeal.

However, I am certain the question of the meaning of “mineral” will again come before the…