W. Va. Code R. § 53-3-7 - Approval of Acquiring Entity's Application

7.1. The Board may approve or deny an acquiring entity's application for the Board to proceed with consideration of the Board's exercise of the right of eminent domain. Upon the affirmative vote of a majority of all of the members of the Board, the Board may grant approval to continue consideration of the acquiring entity's request if the Board shall be fully and completely satisfied:

7.1.1. The the project is one approved by the Board as consistent with the purposes of the Act;

7.1.2. That all reasonable efforts have been made to acquire the real property or interest in real property by the acquiring entity without success;

7.1.3. That there are no reasonable alternatives which are economically or physically consistent with the best interests of the qualified project; and

7.1.4. That any further attempts at negotiations between the acquiring entity and the owners may jeopardize the timely completion of the qualified project.

Notes

W. Va. Code R. § 53-3-7