WEST virginia Legislature
2017 regular session
By
[
to the Committee on Energy then the Judiciary
A BILL to amend and
reenact §54-2-9 of the Code of West Virginia, 1931, as amended, relating to
changing the determination of just compensation to be paid to the landowner
when eminent domain is used for a pipeline.
Be it enacted by the
Legislature of West Virginia:
That §54-2-9 of the
Code of West Virginia, 1931, as amended, be amended and reenacted to read as
follows:
ARTICLE 2. PROCEDURE.
§54-2-9. Report of
commissioners.
The commissioners, after
viewing the property, if a view is demanded, and hearing any proper evidence
which is offered shall ascertain what will be a just compensation to the person
entitled thereto for so much thereof as is proposed to be taken, or for the
interest therein, if less than a fee is proposed to be taken, and for
damage to the residue of the tract beyond all benefits to be derived, in
respect to such residue, from the work to be constructed, or the purpose to
which the land to be taken is to be appropriated. including, When less
than the fee is taken, the actual damage, if any, done, or that may be done, to
the fee by such construction shall be included. and
When the interest in
property is for a pipeline, unless the pipeline directly connects to a
residential or commercial end user, just compensation shall be determined by
the value of the pipeline across the property to the owner of the pipeline or
the owner of the beneficial interest in the pipeline or by the value of the
owner of the property interest taken, whichever is higher. Instead of a one
time payment, payments over time contingent upon the value of the pipeline over
time may be awarded. The commissioners shall
make report to the following effect: We, the commissioners, appointed by the
circuit court of ............ county, (or by the judge thereof in vacation, as
the case may be) by an order made on the ........ day of ........ on the
application of ............... respectfully report, that having first been duly
sworn, we have viewed the real estate owned by ..............., mentioned in
the said application, and are of opinion that ........ dollars will be a just
compensation for so much of the said real estate as is proposed to be taken by
the said applicant, that is to say: (here describe the part to be taken, and
the interest therein, if less than a fee, so as to identify the same with
reasonable certainty, which description may be supplemented by reference to a
plat annexed to the report, or in any manner that would be sufficient in a
conveyance) as well as for damages to the residue of the said real estate
beyond all benefits which will be derived in respect to such residue from the
work to be constructed (or from the purposes to which the part to be taken by
said applicant is to be appropriated).
Given under our hands this
........ day of .............
But if the property is
proposed to be taken by a company incorporated for construction of a railroad,
no damages shall be ascertained for the construction of any farm crossing,
fences, or cattle guards, or for keeping the same in repair. The report shall
be signed by at least three of the commissioners, and forthwith returned to the
clerk's office of the court, to be filed with the papers of the case.
NOTE: The purpose of this bill is
to change the determination of "just compensation" to be paid to the
landowner when eminent domain is used for a pipeline and the pipeline does not
connect directly to a residential or commercial end user. Currently the common
law provides that the just compensation paid to the landowner is the value to
the land owners of the interest taken before the pipeline was proposed. Under
the bill the just compensation will be the higher of either the value to the
landowner of the landowner's interest taken or the value of the pipeline to the
person or entity seeking to use eminent domain for the pipeline. And regular payments
contingent upon the value of the pipeline over time may be awarded.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.