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Introduced Version House Bill 2823 History

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H. B. 2823

 

         (By Delegates Doyle, Michael, Ashley,

            Fleischauer, Hartman, Shaver

                  and T. Campbell)


         [Introduced January 24, 2011; referred to the

         Committee on the Judiciary then Finance.]

 

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §54-2-22, relating to increasing any award of just compensation to a property owner by twenty-five percent for eminent domain takings by nongovernment entities; and providing for a similar twenty-five percent increase in compensation for takings by government entities that are transferred to nongovernment entities within ten years of the original taking.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §54-2-22, to read as follows:

ARTICLE 2. PROCEDURE.

§54-2-22. Compensation to be paid by nongovernment entities.

    Notwithstanding any provision in this code to the contrary, any taking of any interest in property under the eminent domain provisions of this code by a nongovernment entity that results in an award of just compensation, that compensation shall be increased by twenty-five percent: Provided, That should a government entity gain title to any interest in property by either eminent domain or the threat of eminent domain and within ten years of gaining title that interest is transferred to a nongovernment entity, the government and nongovernment entities shall be jointly and severable liable to compensate the original owner of that interest an additional twenty-five percent of the fair market value of the property at the time of the transfer from the government entity to the nongovernment entity.




    NOTE: The purpose of this bill is to increase any award of just compensation to a property owner by twenty-five percent for eminent domain takings by nongovernment entities. The bill also provides for a twenty-five percent increase in compensation for takings by government entities that are transferred to nongovernment entities within ten years of the original taking.


    Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

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