This bill seeks to amend the definitions related to "blighted property" and the conditions under which governmental agencies can exercise 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 the state and its political subdivisions to take private property for economic development purposes without the owner's consent, particularly when the primary aim is to transfer ownership or control to another private entity. This change aims to protect property owners from potential misuse of eminent domain for private economic gain. The bill also removes a provision that allowed municipal urban renewal authorities to exercise eminent domain in designated slum or blighted areas, thereby tightening the conditions under which such powers can be exercised. Overall, the legislation aims to provide greater protections for private property rights while refining the criteria for what constitutes blighted property.

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