W. Va. Code R. § 53-3-6 - Application for Authority's Approval of Eminent Domain Power

6.1. Any acquiring entity may request the Authority to exercise the Authority's right of eminent domain/condemnation for a qualified project by filing a written request with the Board.

6.2. The acquiring entity must present the following evidence to the Board:

6.2.1. That the real property, right-of-way or easement proposed to be acquired is necessary for the finalization of the project and that alternative routes for the project have been reviewed and are not financially or physically consistent with the interest and purposes of the project.

6.2.2. A description and location identification of the proposed real property, right-of-way or easement to be acquired and the owners and interests of each in the same.

6.2.3. An identification of the buildings, structures, or other improvements, including removable building equipment and trade fixtures, which are considered to be part of the real property, right-of-way or easement for which the offer of just compensation has been made.

6.2.4. The amount that the acquiring entity has established as just compensation for the real property, right-of-way or easement. The amount shall not be less than the approved appraisal of the fair market value of the property, taking into account the value of the allowable damages or benefits to any remaining property.

6.2.5. That all reasonable efforts have been made to reach a fair and reasonable accommodation between the acquiring entity and the owner including a listing of all offers, counteroffers and refusals.

6.2.6. Documentation of the initial written purchase offer and documentation that the owner has been given a written statement by the acquiring entity. Such statement shall include:

6.2.6.a. A statement of the amount offered as just compensation. In the case of partial acquisition, the compensation for the real property, right-of-way or easement to be acquired and the compensation for damages, if any, to the remaining real property, which shall be stated separately.

6.2.6.b. A description and location identification of the real property and the interest in the real property to be acquired.

6.2.6.c. An identification of the buildings, structures and other improvements, including reasonable building equipment and trade fixtures, which are considered to part of the real property for which the offer of just compensation is made. Where appropriate, the statement shall identify and separately held ownership interest in the property, e.g., a tenant-owned improvement, and indicate that such interest is not covered by the offer.

6.2.6.d. Any update or subsequent offer of just compensation with appropriate documentation that the offer has been considered and rejected as impracticable.

6.3. If the information presented by the owner or a material change in the character or condition of the property indicates the need for new appraisal information, or if a significant delay occurred since the time of the appraisal(s) of the property, the acquiring entity shall have the appraisal(s) updated or obtain new appraisal(s). If the latest appraisal information indicates that a change in the purchase offer is warranted, the acquiring entity shall promptly re-establish just compensation and offer that amount to the owner in writing.

Notes

W. Va. Code R. § 53-3-6