This bill proposes amendments to the Code of West Virginia regarding eminent domain, specifically focusing on compensation for property owners. It introduces enhanced compensation standards, stipulating that property owners whose property is taken for public use will receive compensation equal to twice the fair market value of the property, in addition to damages to any remaining property. The bill also includes legislative findings that emphasize the inadequacy of the current compensation standards in addressing the involuntary nature of property transfers and the disruption caused to property owners.
Furthermore, the bill outlines the procedures for determining this enhanced compensation, which will follow existing legal frameworks. It specifies that in cases where immediate possession is sought, the initial payment into court must reflect twice the condemning authority's estimate of fair market value. If the final determination of fair market value differs from this estimate, property owners may receive additional compensation. The enhanced compensation provisions will apply only to eminent domain proceedings initiated after the effective date of the amendments.
Statutes affected: Introduced Version: 54-2-9a, 54-2-9b, 54-2-9c