This bill seeks to amend the definitions related to "blighted property" and restrict the ability of governmental agencies to take private property 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, among others. Additionally, the bill introduces a new provision that prohibits the state or its political subdivisions from taking "unblighted" private property without the owner's consent when the primary purpose is economic development that would result in the transfer of ownership or control to another private entity.
Furthermore, the bill clarifies that a municipal urban renewal authority may only exercise eminent domain in areas designated as slum or blighted areas, thereby limiting the scope of property that can be taken for redevelopment purposes. This legislative change aims to protect private property rights and ensure that the exercise of eminent domain is justified and necessary for public use, rather than for private economic gain. Overall, the bill reflects a significant shift in the approach to property rights and redevelopment in West Virginia.
Statutes affected: Introduced Version: 16-18-3, 54-1-2