West Virginia HB 3046: Relating to compensation paid to landowners when interest in property taken by eminent domain is for a nongovernmental entity

Status: To House Judiciary (as of 2020-01-08)

State: West Virginia · Session: 2020 · Bill: HB 3046

Subjects: Real and Personal Property

Sponsors: Doyle, Brown, S., Campbell, Lavender-Bowe

Bill Text

HB 3046 Text

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Introduced Version

« House Bill 3046 History

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 Key: Green = existing Code. Red = new code to be enacted

WEST virginia 
legislature

2019 regular session

Introduced

House Bill 3046

By Delegates Doyle, 
Lavender-Bowe, Campbell and S. Brown

[Introduced February 12, 
2019; Referred 

to the Committee on the Judiciary.]

A BILL to amend the Code 
of West Virginia, 1931, as amended, by adding thereto a new section, designated 
§54-2-22, 
relating to compensation paid to landowners when interest in property taken by 
eminent domain is for a nongovernmental entity.

Be it enacted by the 
Legislature of West Virginia:

ARTICLE 
4. BOARD OF PUBLIC WORKS.

§54-2-22. Compensation to be paid by nongovernment 
entities.

Notwithstanding any 
provision in this code to the contrary, any taking of any interest in property 
under the eminent domain provisions of this code by a nongovernment entity that 
results in an award of just compensation, that compensation shall be increased 
to 200 percent of the fair market value: Provided, That should a 
government entity gain title to any interest in property by either eminent 
domain or the threat of eminent domain and within 10 years of gaining title that 
interest is transferred to a nongovernment entity, the government and 
nongovernment entities shall be jointly and severally liable to compensate the 
original owner of that interest at 200 percent of the fair market value at the 
time of the transfer from the government entity to the nongovernment entity.

NOTE: The purpose of this bill is 
to increase any award of just compensation to a property owner by to 200 percent of the fair market value eminent domain 
takings by nongovernment entities. The bill also provides for the compensation 
to landowners in the amount of 200 percent of the fair market value for takings 
by government entities that are transferred to nongovernment entities within 
ten years of the original taking.

Strike-throughs indicate language 
that would be stricken from a heading or the present law and underscoring 
indicates new language that would be added.

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