No railroad company, or other company of internal improvement, in locating and constructing its lines shall invade the dwelling house of any person, or any space within sixty feet thereof, without the consent of the owner, unless necessary so to do in passing through a narrow gorge, defile or narrow pass, or to avoid undesirable curves, angles, and grades, in the construction of its line, or to eliminate such curves, angles, and grades in any line heretofore constructed. This prohibition shall not apply to the territory within any municipal corporation, nor to the acquisition by condemnation of land for any purpose of the company other than right of ways for its main lines and transmission lines.
Structure West Virginia Code
Article 1. Right of Eminent Domain
§54-1-1. Bodies Which May Exercise Power of Eminent Domain
§54-1-2. Public Uses for Which Private Property May Be Taken or Damaged
§54-1-2a. Notice; Good Faith Purchase
§54-1-3a. Entry by Political Body to Obtain Data; Compensation to Owner
§54-1-4. Restrictions as to Dwelling Houses -- Railroad and Other Internal Improvement Companies
§54-1-5. Same -- Lines for Transportation of Gas, Oil, Coal, etc., and Storage Tanks
§54-1-6. Quantity of Land Acquired
§54-1-8. Estate Acquired; Taxation
§54-1-9. Crossing or Alteration of Course of Works of Another Entity; Civil Action
§54-1-10. Taking Wood and Other Materials and Water; Deposits of Waste; Cutting Trees
§54-1-11. Specific Purposes Not Limitation
§54-1-12. Facilities for Moving Fuel Coal to Coal Fired Steam Electric Power Plants