Whenever the whole of any tract of land which is under lease is taken under the power of eminent domain, the liability of any tenant of such land to pay rent thereon shall terminate unless the lease expressly provide otherwise. If any part of a tract of land which is under lease, or any easement or other interest in such land, is taken under the power of eminent domain, the rent of any tenant of the land shall, unless the lease expressly provide otherwise, be reduced in the proportion which the value of the land or interest taken bears, at the time of such taking, to the total value of the land upon which rent was payable, under the lease. The foregoing provisions shall not affect nor impair any right which a tenant of land may have to compensation from the person exercising the right of eminent domain, for the value of his lease, or other property upon the leased premises belonging to him or in which he may have an interest, if such value shall exceed the amount of the rent from the payment of which he is relieved by virtue of the provisions of this section.
Structure West Virginia Code
Article 6. Landlord and Tenant
§37-6-1. Rights of Parties on Transfer of Land or Reversion
§37-6-2. Rights of Lessee Against Transferee of Reversion
§37-6-3. Effect of Transfer of Rent, Reversion or Remainder
§37-6-4. Attornment to Stranger Void
§37-6-5. Notice to Terminate Tenancy
§37-6-7. Reletting by Landlord
§37-6-8. Tenant's Right to Recover Possession
§37-6-9. Recovery of Rent by Distress or Action; Evidence; Interest
§37-6-10. Who May Recover Rent
§37-6-11. Persons Liable for Rent; Termination of Lease Upon Death
§37-6-12. Distress for Rent; Time and Place; Warrant
§37-6-13. Property Subject to Distress
§37-6-14. Forcible Entry by Officer
§37-6-15. Unlawful Act After Making Distress; Damages
§37-6-16. Distress or Attachment When Rent Not Payable in Money
§37-6-18. Removal of Goods by Third Party Having Lien
§37-6-19. Right of Reentry; Ejectment; Unlawful Detainer; Judgment by Default
§37-6-20. Relief Against Forfeiture
§37-6-21. Rights of Mortgagee or Trustee
§37-6-22. Injunction Against Ejectment or Unlawful Detainer
§37-6-23. Effect of Payment of Rent or Relief in Equity
§37-6-24. Record of Reentry; Publication of Certificate
§37-6-26. Payment of Rent and Reinstatement After Reentry
§37-6-27. Defects in Entry Proceedings
§37-6-28. Destruction of Buildings; Abatement of Rent
§37-6-29. Land Taken by Eminent Domain; Termination or Reduction of Rent
§37-6-30. Landlord to Deliver Premises; Duty to Maintain Premises in Fit and Habitable Condition