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ROBINSON &
McELWEE PLLC
Mr. McElwee's practice involves mineral operational issues, mineral and commercial real estate transactions and bankruptcy related issues.
Education Credentials
- B.A., Economics, Hampden-Sydney College, 1980
- J.D., West Virginia University, 1983
Summary of Experience
- Handling real estate matters associated with acquisitions, dispositions and day-to-day operations in the mineral industry.
- Handling real estate matters associated with acquisitions, dispositions and development of large industrial and commercial sites.
- Advising clients on bankruptcy issues, available remedies and matters unique to bankruptcy proceedings.
- Examination of land title, issuance of title opinions and performance of related curative work for coal, timber and other industries.
- Title agent for First American Title Insurance Company and Old Republic National Title Insurance Company.
- Negotiation and preparation of documents in connection with the acquisition, exchange and/or sale of coal assets.
- Performance of due diligence in connection with stock and asset transactions including transactions involving the coal industry.
- Negotiation and preparation of operational agreements for coal businesses including transloading agreements, coal sales agreements, master agreements and confirmations.
- Negotiation and preparation of railroad rebate agreements in connection with the construction of rail loadout facilities.
- Negotiation and drafting of coal leases, surface leases and overriding royalty agreements.
- Negotiation and drafting of contract mining agreements and contract trucking agreements.
- Representation of clients in connection with disputes involving land, lease and contract issues, including royalty claims, preferential rights, rights of way, mineral trespass and dominant estate claims.
- Structuring 1031 tax free exchange transactions.
Bar and Court Admissions
- United States Bankruptcy Courts for the Northern and Southern Districts of West Virginia
- United States District Court for the Southern District of West Virginia
- West Virginia Supreme Court of Appeals
Professional Affiliations
- West Virginia State Bar
- West Virginia Bar Association
- Kanawha County Bar Association
- Chambers USA
- Best Lawyer of the Virginias
Publications & Presentations
- "Title Matters Associated with the Purchase and Sale of Coal Lands", 12 Eastern Min. L. Inst. 12 (1991).
- Speaker, "Abstracting Mineral Titles in the Appalachian Basin". EMLF Special Institute, October 8, 1992.
- Speaker at numerous other seminars on various real estate and bankruptcy topics.
Awards and Honors
- 2009 West Virginia SuperLawyer, Real Estate
- 2007: Chambers USA: America’s Leading Lawyers, Real Estate
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