Bill > HB4499

This bill proposes to change West Virginia law regarding eminent domain, which is the government's power to take private property for public use, even if the owner doesn't want to sell. Currently, the law requires "just compensation," which is generally understood as the fair market value of the property. This bill, however, aims to provide "enhanced compensation" to property owners. Specifically, it mandates that when property is taken or damaged for public use, the owner must receive an amount equal to twice the fair market value of the property taken, in addition to any damages to the remaining property. The bill clarifies that "fair market value" will be determined as it is currently, based on what a willing buyer would pay a willing seller, and will be valued as of the date the property is legally taken. The Legislature's reasoning for this enhanced compensation is that the current standard, while constitutionally adequate, doesn't fully account for the involuntary nature of these property transfers and the disruption they cause to owners. This new standard will apply to all eminent domain proceedings initiated after the bill becomes law, regardless of who is acquiring the property, and the process for determining this enhanced compensation will follow existing procedures, with specific provisions for situations where the government seeks immediate possession of the property.

Justice

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=4499&year=2026&sessiontype=RS&btype=bill