This bill proposes amendments to the Code of West Virginia regarding the properties that can be taken by eminent domain and the conditions under which such takings can occur. Specifically, it introduces the term "unblighted" to clarify that private property that is not blighted cannot be taken without the owner's consent if the primary purpose of the taking is for economic development that would result in the transfer of ownership or control to a private entity. Additionally, it removes the previous stipulation that a municipal urban renewal authority could only exercise eminent domain within designated slum or blighted areas, thereby broadening the scope of potential takings.

The bill also updates the language regarding the exercise of eminent domain, specifying that authorities may acquire real property deemed necessary for redevelopment projects after adopting a resolution to that effect. It emphasizes that property already in public use cannot be acquired without consent and reinforces the requirement for a resolution to serve as conclusive evidence of necessity for the acquisition. Overall, the bill aims to refine the legal framework surrounding eminent domain in West Virginia, ensuring that property rights are respected while allowing for necessary redevelopment efforts.

Statutes affected:
Introduced Version: 16-18-3, 16-18-8, 54-1-2