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 another private entity. Additionally, it removes the previous stipulation that municipal urban renewal authorities could only exercise eminent domain within designated slum or blighted areas.

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

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