This bill amends the Code of West Virginia to clarify the public uses for which private property may be taken or damaged under eminent domain. It retains existing provisions regarding various public uses, such as the construction and maintenance of infrastructure (railroads, roads, water systems, etc.), while adding a new subdivision (12) that specifically extends the right of eminent domain to coal pipelines for public use. This extension is subject to regulation by the Public Service Commission, which must find that such transportation is necessary for public convenience and necessity. Additionally, the bill emphasizes that the rights granted should prevent monopolistic practices and ensure fair access to patents for other applicants.

A significant new provision is included in subsection (b), which grants original property owners the right to repurchase their property if it is not used for the intended public purpose within two years of the taking or if it becomes abandoned for two years. This aims to protect property owners by allowing them to reclaim their property if it is not utilized as promised after an eminent domain action. Overall, the bill seeks to balance the needs of public use with the rights of private property owners.

Statutes affected:
Introduced Version: 54-1-2