HB 4499
Relating to eminent domain compensation
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill proposes to increase the compensation awarded to property owners in eminent domain cases in West Virginia. It would require that property owners receive twice the fair market value of the property taken, plus damages to any remaining property. The legislation aims to better reflect the impact of involuntary property transfers and align with the state’s constitutional requirements for just compensation.
Key provisions
- Property owners will receive twice the fair market value of the property taken in eminent domain proceedings.
- Additional compensation will be provided for damages to any remaining property after the property is taken.
- The enhanced compensation applies to all eminent domain proceedings, regardless of the condemning authority (State, political subdivision, or company).
- Fair market value will be determined according to existing law.
- Initial payments into court in expedited-entry proceedings will be based on the condemning authority's estimate of fair market value.
- If the final fair market value differs from the initial estimate, property owners may be entitled to payment of twice the difference plus interest.
- These enhanced compensation provisions apply only to eminent domain proceedings commenced on or after the bill’s effective date.
Who is affected
- Property owners
- Condemning authorities (State, political subdivisions, and companies)
- Real estate developers
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