Whenever it shall become necessary, the state road commissioner may condemn any interest, franchise, right or privilege, land or improvement which may in his opinion be necessary, in the manner provided by law for the acquisition by this state of property for public purposes. The commissioner may also exercise in this state and in any adjoining state such powers of eminent domain as may be conferred upon the commissioner by any act of the Congress of the United States now in force or which may hereafter be enacted. Title to property condemned shall be taken in the name of the state. The state shall be under no obligation to accept and pay for any property condemned and shall in no event pay for the same except from the funds provided by this article, and in any proceeding to condemn, such orders shall be made by the court having jurisdiction of the suit, action or proceedings as may be just to the state and to the owners of property to be condemned, and a bond or other security may be required by the court securing such owners against any loss or damage to be sustained by reason of the failure of the state to accept and pay for the property, but such bond or security shall impose no liability or debt upon the state as contemplated by the provisions of the Constitution of the state in relation to state debt.
Structure West Virginia Code
Chapter 17. Roads and Highways
§17-17-1. Tolls Prohibited Except Over Toll Bridges Forming Part of Public Road, etc.
§17-17-2. Bridges Over Ohio, Great Kanawha or Big Sandy Rivers; Corporations for Such Purposes
§17-17-3. Power of Bridge Corporation to Borrow Money, Mortgage or Encumber by Deed of Trust
§17-17-4. When Bridge Deemed a Nuisance; Abatement
§17-17-5. Obstruction of Navigation by Bridge
§17-17-7. Purchase, Construction or Repair of Toll Bridge
§17-17-8. Termination of Privilege to Erect and Maintain Toll Bridge; Toll Rates
§17-17-9. Toll Rates for Troops
§17-17-10. Payment of Toll Prior to Passage; Demand of Excessive Toll; Evading Payment of Toll
§17-17-11. Gatekeeper to Keep Small Change
§17-17-12. Failure to Provide Gatekeeper and to Allow Prompt Passage
§17-17-15. Authority to Purchase or Condemn Toll Bridges; Eminent Domain
§17-17-16. Repair of Toll Bridge Before Purchase
§17-17-17. Construction of Toll Bridge; Purchase of Land, etc., Therefor
§17-17-18. Power of Eminent Domain
§17-17-19. Bridge Revenue Bonds Generally
§17-17-20. Trust Agreement Respecting Bonds
§17-17-21. General Supervision of Bridges Under Jurisdiction of Commissioner
§17-17-23. When Tolls to Cease
§17-17-23a. Transfer of Excess Tolls Collected
§17-17-24. Construction of Article in Relation to State Debt
§17-17-25. Additional and Alternative Method Provided; Permit for Construction of Competitive Bridge
§17-17-26. When Consent of Other Officers and Boards Not Required
§17-17-27. Liberal Construction of §§17-17-13 to 17-17-28
§17-17-28. Provisions of §§17-17-13 to 17-17-28 Separable
§17-17-29. Certain Powers, Duties, etc., of Bridge Commission Transferred to State Road Commissioner
§17-17-31. Same -- Acquisition of Existing Bridges
§17-17-32. Same -- General Powers of Cities and Counties; Bonds Generally; Exemptions From Taxation
§17-17-33. Same -- Creation of Mortgage Lien
§17-17-34. Same -- Retiring Bonds; Remittance to Sinking Fund