H. B. 2892
(By Delegates Doyle, Tabb, Michael, Ashley,
Fleischauer, Hartman, Williams, Shaver, Campbell and Ross)
[Introduced March 2, 2009; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §54-2-22, relating to
increasing any award of just compensation to a property owner
by twenty-five percent for eminent domain takings by
nongovernment entities; and providing for a similar
twenty-five percent increase in compensation for takings by
government entities that are transferred to nongovernment
entities within ten years of the original taking.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §54-2-22, to read as
follows:
ARTICLE 2. PROCEDURE.
§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 by twenty-five percent:
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 ten years of gaining title
that interest is transferred to a nongovernment entity, the
government and nongovernment entities shall be jointly and
severable liable to compensate the original owner of that interest
an additional twenty-five percent of the fair market value of the
property 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 twenty-five percent for
eminent domain takings by nongovernment entities. The bill also
provides for a twenty-five percent increase in compensation 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
the present law, and underscoring indicates new language that would
be added.