This bill aims to amend and clarify the provisions related to slum clearance and eminent domain in West Virginia, specifically in sections 16-18-3, 16-18-8, and 54-1-2 of the Code of West Virginia. It introduces new definitions for terms such as "blighted property" and "unblighted property," while also modifying the definition of "blighted property" to remove references to "age or obsolescence" and "high density of population and overcrowding." The bill specifies that an authority can exercise eminent domain to acquire real property deemed necessary for redevelopment projects, with the stipulation that no property belonging to a municipality, county, or state can be acquired without consent.
Additionally, the bill revises the conditions under which private property may be taken for public use, explicitly stating that unblighted private property cannot be taken without the owner's consent if the primary purpose is economic development that would transfer ownership to a private entity. It also removes previous language that limited the exercise of eminent domain by municipal urban renewal authorities to designated slum or blighted areas. Overall, the bill seeks to enhance the clarity and scope of eminent domain laws while ensuring protections for property owners against unjust takings.
Statutes affected: Introduced Version: 16-18-3, 16-18-8, 54-1-2