WEST virginia legislature

2018 regular session

Introduced

House Bill 4627

By Delegate Moore

[Originating in the Committee on the Judiciary]

A BILL to amend and reenact §8-21-8 of the code of West Virginia, 1931, as amended, relating to providing a limitation on the eminent domain authority of a municipal park board by requiring the approval of the governing body of that municipality in instances where it is sought to be exercised. 

Be it enacted by the Legislature of West Virginia:

§8-21-8. Purchase, lease or condemnation of real property.

The board is hereby granted the power and authority to acquire in its name or in the name of the city by purchase, lease, or by exercise of the power of eminent domain, or otherwise, such land or lands as it shall determine to be necessary, appropriate, convenient or incidental to the establishment, construction, improvement, extension, development, maintenance or operation of a system of public parks, parkways, playgrounds, athletic fields, stadiums, swimming pools, skating rinks or arenas and other public park and recreational facilities for the city, whether of a like or different nature: Provided, That any such acquisition by the board made by exercise of the power of eminent domain must be approved by a majority vote of the governing body of that municipality.

NOTE: The purpose of this bill is to provide a limitation on the authority of the eminent domain authority of a municipal park board.

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