Terms Used In West Virginia Code > Chapter 8A > Article 5 > Part I - Minor Subdivision or Land Development Process

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• aggrieved person: means a person who:

  (1) Is denied by the planning commission, board of subdivision and land development appeals, or the board of zoning appeals, in whole or in part, the relief sought in any application or appeal. See West Virginia Code 8A-1-2

• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Candidate: shall mean any person to be voted for at an election. See West Virginia Code 3-1-2
• Conviction: A judgement of guilt against a criminal defendant.
• County court: includes any existing tribunal created in lieu of a county commission. See West Virginia Code 2-2-10
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Election: shall mean the procedure whereby the voters of this state or any subdivision thereof elect persons to fill public offices, or elect members of a Constitutional convention, or vote on public questions. See West Virginia Code 3-1-2
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Governing body: means the body that governs a municipality or county. See West Virginia Code 8A-1-2
• in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Land development: means the development of one or more lots, tracts or parcels of land by any means and for any purpose, but does not include easements, rights-of-way or construction of private roads for extraction, harvesting or transporting of natural resources. See West Virginia Code 8A-1-2
• Oath: A promise to tell the truth.
• oath: shall be deemed to include an affirmation and the word "swear" or "sworn" to be complied with if the person referred to make solemn affirmation. See West Virginia Code 2-2-7
• Office: shall be construed to mean "public office" which shall include (1) any elective office provided for by the Constitution or laws of the United States or of this state to which a salary or other compensation attaches, and (2) membership in a Constitutional convention. See West Virginia Code 3-1-2
• Plan: means a written description for the development of land. See West Virginia Code 8A-1-2
• Planning commission: means a municipal planning commission, a county planning commission, a multicounty planning commission, a regional planning commission or a joint planning commission. See West Virginia Code 8A-1-2
• Plat: means a map of the land development that becomes its official recorded representation in the office of the clerk of the county commission where a majority of the land to be developed lies. See West Virginia Code 8A-1-2
• State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
• Statute: A law passed by a legislature.
• Streets: means streets, avenues, boulevards, highways, roads, lanes, alleys and all public ways. See West Virginia Code 8A-1-2
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Voter: shall mean any person who possesses the statutory and Constitutional qualifications for voting. See West Virginia Code 3-1-2
• Zoning: means the division of a municipality or county into districts or zones which specify permitted and conditional uses and development standards for real property within the districts or zones. See West Virginia Code 8A-1-2