This bill seeks to amend the definitions of "blighted property" and "public uses" for which private property may be taken under eminent domain in West Virginia. Specifically, it modifies the definition of "blighted property" by removing references to "age or obsolescence," "high density of population and overcrowding," and "deterioration of site or other improvements." The revised definition emphasizes that a property must be detrimental to public health, safety, or welfare due to factors such as abandonment, dilapidation, and tax delinquency. Additionally, the bill introduces the term "unblighted property," which refers to properties that do not meet the criteria for being classified as blighted.

Furthermore, the bill restricts the ability of governmental agencies to take private property for economic development purposes. It stipulates that unblighted private property cannot be taken without the owner's consent if the primary aim is economic development that would lead to the transfer of ownership or control to another private entity. The previous provision allowing municipal urban renewal authorities to exercise eminent domain in slum or blighted areas has been removed, reinforcing the limitations on property acquisition for redevelopment projects. Overall, the bill aims to protect private property rights while refining the criteria for what constitutes blighted property.

Statutes affected:
Introduced Version: 16-18-3, 54-1-2