If at any time prior to the appointment of condemnation commissioners, or in the event condemnation commissioners have been appointed, if at any time prior to the making of a report by the condemnation commissioners pursuant to the provisions of section nine of this article, all of the parties who have appeared in the proceeding agree to waive the findings of the condemnation commissioners and file a stipulation to this effect with the clerk of the court, the question of the compensation and any damages to be paid shall be ascertained by a jury in the manner provided by section ten of this article and a hearing before the condemnation commissioners shall not be necessary. Any such stipulation shall be filed with the papers of this proceeding.
Structure West Virginia Code
§54-2-2. Pleadings; Verification; Parties
§54-2-3. Notice; Riparian Owner Affected by Taking of Water
§54-2-4. Persons Under Disability
§54-2-4a. Lis Pendens Notice; Effect
§54-2-5. Commissioners; Qualifications
§54-2-6. How Commissioners Appointed
§54-2-7. Oath of Commissioners
§54-2-7a. Information for Commissioners
§54-2-8. Powers of Commissioners; Hearings; View of Property
§54-2-9. Report of Commissioners
§54-2-9a. Separate Findings of Compensation and Damages
§54-2-10. Proceedings on Report; Trial by Jury
§54-2-11. Setting Aside Report; Recommittal; New Commissioners
§54-2-11a. Waiver of Findings by Commissioners
§54-2-12. Vesting of Title in Applicant
§54-2-13. Entry on Land on Payment of Compensation
§54-2-14. Entry by State or Its Political Subdivisions
§54-2-14a. Alternative Method for Condemnation by State or Its Political Subdivision
§54-2-15. Alternative Procedure for Condemnation by Business Corporation; Bond
§54-2-16. Increase or Decrease in Award After Payment Into Court; Costs
§54-2-16a. Liability for Costs Generally
§54-2-17. Effect of Judgment Against Applicant for Excess
§54-2-19. Compensation of Commissioners and Jurors
§54-2-20. Recordation of Certified Copy of Condemnation Order