Areas of Practice
Real Property
Credentials
- J.D., West Virginia University, 1983
- B.A., Economics, Hampden-Sydney College, 1980
- West Virginia SuperLawyer, Real Estate, 2009-present
- Title agent for First American Title Insurance Company
- Best Lawyers in America, 2016 – present
- Chambers USA: America’s Leading Lawyers, West Virginia Real Estate, 2003-present
Bar & Court Admissions
Professional Affiliations
- West Virginia Bar Association
- Kanawha County Bar Association
- Chambers USA
- Board of Directors Member, 2017 – present
- Assistant Executive Officer, 2014 – 2017
- Assistant Managing Member, Robinson & McElwee, 2011 – 2014
- Former Chair, Business Law Department, Robinson & McElwee
- Member, Robinson & McElwee, 1990-present
- Associate, Robinson & McElwee, 1983-1989
Mr. McElwee primarily practices in real estate matters with a focus in coal, as well as oil and gas industries, among others.
- Handles real estate matters associated with acquisition, disposition and development of industrial and commercial sites.
- Significant experience with regard to real estate matters associated with acquisition, disposition and day-to-day operations in the mineral industry.
- Advises 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, oil and gas, retail developments and other industries.
- Title agent for First American Title Insurance Company.
- Negotiation and preparation of documents in connection with the acquisition, exchange and/or sale of assets.
- Performance of due diligence in connection with stock and asset transactions.
- Negotiation and preparation of operational agreements for coal businesses, including transloading agreements, coal sales agreements, master agreements and confirmations.
- Negotiation and drafting of leases.
- 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.
- Top ranked for Real Estate in West Virginia, Chambers USA, 2003 – present
- Best Lawyers in America, Real Estate Law, 2016 – present
- Author, Speaker, Title Matters Associated with the Purchase and Sale of Coal Lands, 12 Eastern Min. L. Inst. 12 (1991)
- Co-author, speaker, Ownership of Non-Tidal Streambeds, Banks and Their Substrata in Pennsylvania, Ohio, Virginia, Kentucky and West Virginia, 32 Energy & Mineral Law Institute II (2011)
- Speaker, Shale Gas Law Seminar, West Virginia Continuing Legal Education, West Virginia University College of Law, Morgantown, W.V., 2013-2014
- Author, Speaker, Title Tax Issues, EMLF Special Institute for Resolving Title Issues in Shale Development, Wheeling, W.V., 2012
- Speaker, Ownership and Leasing Issues Associated with Rivers and Streams in West Virginia, Shale Gas Law 2012 seminar, West Virginia Continuing Legal Education, West Virginia University College of Law, Morgantown, W.V., 2012
- Speaker, Abstracting Mineral Titles in the Appalachian Basin, EMLF Special Institute, Oct. 8, 1992
- Speaker at numerous other seminars on various real estate and bankruptcy topics