Bill > HB4590

This bill amends West Virginia law to allow private property owners who win an eminent domain proceeding, also known as a condemnation proceeding, to recover their reasonable legal expenses, including attorney's fees, from the party initiating the condemnation. Eminent domain is the power of the government or other authorized entities to take private property for public use, even if the owner does not wish to sell, provided just compensation is paid. Previously, while costs were generally paid by the applicant (the entity seeking to condemn the property), this bill specifically adds the recovery of attorney's fees for a private property owner who "substantially prevails" in either a trial court or an appellate court, ensuring they are not burdened by significant legal costs when successfully defending their property rights.

Justice

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=4590&year=2026&sessiontype=RS&btype=bill