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Article 1. Right of Eminent Domain
§54-1-1. Bodies Which May Exercise Power of Eminent Domain - The United States of America, the State of West Virginia,...
§54-1-2. Public Uses for Which Private Property May Be Taken or Damaged - (a) The public uses for which private property may be...
§54-1-2a. Notice; Good Faith Purchase - Prior to initiation of any condemnation proceeding pursuant to slum...
§54-1-3. Entry on Lands - Any incorporated company or body politic, invested with the power...
§54-1-3a. Entry by Political Body to Obtain Data; Compensation to Owner - If the applicant be the State of West Virginia, or...
§54-1-4. Restrictions as to Dwelling Houses -- Railroad and Other Internal Improvement Companies - No railroad company, or other company of internal improvement, in...
§54-1-5. Same -- Lines for Transportation of Gas, Oil, Coal, etc., and Storage Tanks - No line for the transportation of natural or artificial gas...
§54-1-5a. Restrictions as to the Exercise of the Right of Eminent Domain by the West Virginia Housing Development Fund - (1) The West Virginia Housing Development Fund, in exercising the...
§54-1-6. Quantity of Land Acquired - The land acquired by condemnation by any railroad company for...
§54-1-7. Roadways; Crossings - If any company shall acquire land under the provisions of...
§54-1-8. Estate Acquired; Taxation - Any corporation, or body politic, authorized to acquire private property...
§54-1-9. Crossing or Alteration of Course of Works of Another Entity; Civil Action - If any entity having the power of eminent domain under...
§54-1-10. Taking Wood and Other Materials and Water; Deposits of Waste; Cutting Trees - Any railroad company may, in the manner provided by this...
§54-1-11. Specific Purposes Not Limitation - The power of eminent domain conferred on any incorporated company...
§54-1-12. Facilities for Moving Fuel Coal to Coal Fired Steam Electric Power Plants - The owner or operator of a coal fired steam electric...
Article 2. Procedure
§54-2-1. Jurisdiction - In any case in which property may lawfully be taken...
§54-2-2. Pleadings; Verification; Parties - The pleadings shall be in writing and shall be verified....
§54-2-2a. Additional Requirement for Condemnation Proceeding for Right-of-Way for Certain High Voltage Transmission Line - In addition to the requirements set forth in section two...
§54-2-3. Notice; Riparian Owner Affected by Taking of Water - Of such application ten days' notice shall be served on...
§54-2-4. Persons Under Disability - (a) The court shall protect the rights of any person...
§54-2-4a. Lis Pendens Notice; Effect - At the time of the filing of an eminent domain...
§54-2-5. Commissioners; Qualifications - When it shall appear to the court, or the judge...
§54-2-6. How Commissioners Appointed - The appointment shall be made as follows: Thirteen disinterested freeholders...
§54-2-7. Oath of Commissioners - Before entering upon the discharge of his duties, each commissioner...
§54-2-7a. Information for Commissioners - Before entering upon the discharge of his duties, each commissioner...
§54-2-7b. Supervision of Hearings; Appointment, Powers, Duties and Compensation of Court Commissioner; Subpoena of Witnesses, etc. - The court may, and upon motion of any party shall,...
§54-2-8. Powers of Commissioners; Hearings; View of Property - Any three of the commissioners may act in the absence...
§54-2-9. Report of Commissioners - The commissioners, after viewing the property, if a view is...
§54-2-9a. Separate Findings of Compensation and Damages - If the report of the commissioners includes any sum for...
§54-2-10. Proceedings on Report; Trial by Jury - Within ten days after the report required by the provisions...
§54-2-11. Setting Aside Report; Recommittal; New Commissioners - If good cause be shown against the report, or if...
§54-2-11a. Waiver of Findings by Commissioners - If at any time prior to the appointment of condemnation...
§54-2-12. Vesting of Title in Applicant - Except as otherwise provided in this article, at any time...
§54-2-13. Entry on Land on Payment of Compensation - After such report has once been made, whether it be...
§54-2-14. Entry by State or Its Political Subdivisions - If the applicant be the State of West Virginia, or...
§54-2-14a. Alternative Method for Condemnation by State or Its Political Subdivision - Prior to any report by condemnation commissioners, or verdict of...
§54-2-15. Alternative Procedure for Condemnation by Business Corporation; Bond - Any business corporation, entitled to exercise the powers of eminent...
§54-2-16. Increase or Decrease in Award After Payment Into Court; Costs - When, after such payment into court as is mentioned in...
§54-2-16a. Liability for Costs Generally - Except as otherwise specially provided, all costs of a condemnation...
§54-2-17. Effect of Judgment Against Applicant for Excess - When judgment is rendered against the applicant, pursuant to the...
§54-2-18. Payment to Clerk; Disposition of Money Paid Into Court; Determination of Conflicting Claims; Notice to Condemnee - Payment of an award or judgment, or any money, under...
§54-2-19. Compensation of Commissioners and Jurors - Each commissioner shall receive as compensation for services in each...
§54-2-20. Recordation of Certified Copy of Condemnation Order - When land or an estate or interest therein is taken...
§54-2-21. Effective Date of New Percent Interest Rates - The percent interest rate provided for in sections twelve, thirteen,...
Article 3. Implementation of Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the 1987 Amendments Thereto Known as Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987
§54-3-1. Definitions - As used in this article, the term: (1) "Federal act"...
§54-3-2. Statement of Purposes - The purposes of this article are: (1) To require the...
§54-3-3. Implementation of Federal Act; Powers of State Agencies; Payments Under Act Not Considered Income or Resources for Certain Purposes - In order to accomplish the purposes set forth in section...
§54-3-4. Construction of Article; Assistance for Dislocation, etc., Occurring Prior to Effective Date - Neither the provisions of this article nor any rules and...
§54-3-5. Severability - If any provision of this article or the application thereof...