HB 4910
To oppose the use of eminent domain in West Virginia for private corporation benefit
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill aims to prevent the use of eminent domain in West Virginia for private corporate benefit. It seeks to repeal several sections of West Virginia’s code related to eminent domain, specifically targeting situations where private companies would be compensated for property taken for projects like pipelines or infrastructure improvements. The bill establishes that property owners are not subject to eminent domain unless for public use as currently defined, and it restricts the state’s ability to use eminent domain for economic development purposes. It also includes provisions to ensure fair compensation and relocation assistance for property owners affected by condemnation proceedings.
Key provisions
- Repeals several sections of West Virginia’s code related to eminent domain.
- Prohibits the use of eminent domain for private economic development.
- Establishes that property owners are not subject to eminent domain without their consent.
- Requires the Public Service Commission to determine if pipeline transportation of coal is a public convenience and necessity before exercising eminent domain.
- Includes provisions for uniform relocation assistance and real property acquisition policies.
- Specifies that compensation for property taken must be fair and reasonable.
- Limits the circumstances under which eminent domain can be used, particularly regarding cemeteries and residential areas.
- Requires a finding by the Public Service Commission that a pipeline is needed for public convenience and necessity.
Who is affected
- Property owners in West Virginia
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