What is the scope of the municipality's authority to control land use?

Municipal law is the body of laws governing municipalities in West Virginia. One of the main powers of municipalities is the ability to control land use. The scope of a municipality’s authority in this area is based on the municipality’s charter. Generally, municipalities have the power to regulate things like zoning, building codes, noise ordinances, historic preservation, and other land use activities. Municipalities in West Virginia are also able to exercise the power of eminent domain. This power gives municipalities the right to seize private land for public use. It must be used in a manner that is for the public’s benefit and is not discriminatory. An example of this would be if a city wanted to construct a new highway and needed to purchase land from private owners to do it. In addition to land use regulations, municipalities can also shield areas from commercial development if they are deemed to be important natural resources such as wetlands or forests. This can prevent developers from building on land that would otherwise be used for residential or commercial purposes. Overall, municipalities in West Virginia have the authority to control land use within their boundaries. This power is regulated by the municipality’s charter and is used to ensure that land is being used in a way that benefits the public.

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