§54-2-8. Powers of Commissioners; Hearings; View of Property
Any three of the commissioners may act in the absence of the others, and any one of them may sign and issue subpoenas for witnesses in like manner as a justice, and with like effect; and may swear any witness who appears before them, that the evidence which he will give relating to the matters […]
§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 of this article, a public utility, person or corporation required under section eleven-a, article two, chapter twenty-four of this code to obtain a certificate of public convenience and necessity for the construction and location of a high voltage transmission line, shall file a certified or […]
§54-2-3. Notice; Riparian Owner Affected by Taking of Water
Of such application ten days' notice shall be served on the owners, claimants and persons holding liens, whose interests the applicant seeks to condemn, and the notice may be given either before the petition is presented or afterwards. But where the owners of the real estate proposed to be taken or the persons holding such […]
§54-2-4. Persons Under Disability
(a) The court shall protect the rights of any person who is under a legal disability because he or she is a protected person, as defined in section two (a), article one, chapter forty-four-a of this code, or incarcerated, and whose ownership interest, lien or other claim to property requires them to be a party […]
§54-2-4a. Lis Pendens Notice; Effect
At the time of the filing of an eminent domain petition, the applicant may file a notice of the pendency of such proceeding as provided in section two, article eleven, chapter fifty-five of this code, containing the information therein required so far as the provisions therein are applicable. From the time of such filing every […]
§54-2-5. Commissioners; Qualifications
When it shall appear to the court, or the judge thereof in vacation, that proper notice has been given and that the case is one in which the applicant has lawful right to take property for the purposes stated in the petition, upon making just compensation, five disinterested freeholders shall be appointed commissioners to ascertain […]
§54-2-6. How Commissioners Appointed
The appointment shall be made as follows: Thirteen disinterested freeholders shall be nominated by the court, or the judge thereof in vacation, of whom the applicant may strike off four from the list, and the defendant or defendants may also strike off four, and after eight names are stricken from the list the remaining five […]
§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 power of eminent domain as provided for in section six, article eighteen, chapter thirty-one of this code, shall allege and prove, and the trier of fact shall find, in addition to other requirements of the law, the following:
§54-1-6. Quantity of Land Acquired
The land acquired by condemnation by any railroad company for its main depots, termini, buildings, machine shops, railroad yards and railroad facilities, and the land or interest therein so acquired by any company incorporated for a work of internal improvement along its line generally, or for any other public use authorized by section two of […]
§54-1-7. Roadways; Crossings
If any company shall acquire land under the provisions of this chapter, and, in the construction and operation of its work of internal improvement, obstruct or impede the owner of residue of the tract of land from crossing the land so acquired, when such crossing is essential for the proper use of the remaining land […]