HB 4338
Relating to Eminent Domain
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill amends West Virginia code to clarify the circumstances under which eminent domain can be used for redevelopment projects. It defines key terms related to slum clearance, blighted areas, and redevelopment, and specifies that eminent domain can be exercised for areas designated as such, particularly for public use. The bill also outlines the conditions under which a municipality or county can utilize eminent domain, emphasizing the need for a resolution declaring the necessity of the acquisition.
Key provisions
- Defines terms like ‘area of operation,’ ‘authority,’ ‘slum area,’ ‘blighted area,’ and ‘redevelopment project’ to provide clarity on the scope of redevelopment activities.
- Specifies that eminent domain can be used to acquire properties deemed necessary for redevelopment projects, subject to resolution approval.
- Outlines the conditions under which a regional authority can undertake redevelopment projects, requiring resolutions from affected municipalities.
- Clarifies that eminent domain can be used to acquire properties for public use, including transportation infrastructure and public utilities.
- Establishes limitations on eminent domain, particularly regarding private property taken solely for economic development.
- Addresses the use of eminent domain for coal pipelines, requiring Public Service Commission approval and ensuring equitable access to pipeline rights.
- Specifies that the area of operation for municipalities and counties is limited to within their boundaries and five miles of their territorial boundaries.
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