W. Va. Code R. § 53-3-8 - Prerequisites to Authority's Approval of Eminent Domain Power

8.1. The Authority shall prepare a written statement of the following:

8.1.1. A statement of the nature of the proposed project.

8.1.2. A summary of the data supporting the Board's determination to continue to consider the exercise of the right of eminent domain with regard to particular project.

8.1.3. A description and location identification of the proposed real property, right-of-way or easement to be acquired.

8.1.4. The environmental impact statement of assessment required pursuant to W. Va. Code '5D-1-5(34).

8.2. During the two (2) successive weeks prior to the public hearing required pursuant to section 8.4, the Board shall make available to the public the information required by section 8.1 by placing the information with the county clerk at the courthouse of each county in which the project is located.

8.3. Prior to consideration of the decision of the Board to exercise the right of eminent domain, the Board shall provide notice of a public hearing as follows:

8.3.1. At least thirty (30) days prior to the date the public hearing is to be held, the Board shall provide written notice to all members of the Legislature. A member of the Legislature may notify the Board that the member does not desire such notice; in such case, the Board is not required to notify that member.

8.3.2. At least thirty (30) days prior to the date the pubic hearing is to be held, the Board shall provide written notice to the county commission of each county within which the project is located.

8.3.3. At least thirty (30) days prior to the date the public hearing is to be held, the Board shall provide written notice to the council of each municipality in each county within which the project is located.

8.3.4. During the two (2) successive weeks prior to the public hearing, the Board shall maintain a posted notice at the county seat of each county within which the project is located. Such notice may be posted at the county courthouse and additional notices may be placed at other locations within the county. Such additional notices shall be conspicuous for the members of the public to observe.

8.3.5. The Board shall cause a class II legal advertisement in compliance with W. Va. Code '59-3-1 et seq. to be published.

8.3.5.a. The notice shall be published in such a manner that the publication area will contain each county within which the project is located. The notice may be required to be published in more than one (1) publication.

8.3.5.b. The notice shall be published at least fourteen (14) days prior to the date of the public hearing, but in no event shall the notice be published more than twenty-one (21) days prior to the date of the public hearing.

8.4. Prior to an final decision of the Board to authorize the exercise of the right of eminent domain, the Board shall hold a public hearing.

8.4.1. The Authority shall appoint a representative of the Authority knowledgeable about the project considered to conduct the public hearing.

8.4.1.a. The public may be present and submit written statements or oral testimony.

8.4.1.b. The public may question the Authority's representative.

8.4.1.c. All of the testimony and evidence received at the hearing and the responses of the representative to questions shall be recorded by stenographic notes and characters or by mechanical means.

8.4.2. The representative shall make a report of the public hearing. At a minimum, the report shall contain the written comments submitted and a transcription of oral testimony presented. In addition, a summation of the speakers' remarks and the Authority's response to the comments shall be included.

8.4.3. The report shall be made available for review by the public, and within thirty (30) days following the public hearing, the report shall be provided to the following persons:

8.4.3.a. To any person making a written request to the Authority.

8.4.3.b. To all persons who received written notice of the public hearing.

8.4.3.c. To each member of the Board.

Notes

W. Va. Code R. § 53-3-8