H. B. 2780
(By Delegates Rowe, J. Martin, Mezzatesta, Michael
Wallace, Burke and Riggs)
[Introduced February 24, 1995; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section twenty-eight, article
twenty-one, chapter nineteen of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating
to the right to enter and appropriate land; vesting of title
in district; compensation of owner; rate of compensation.
Be it enacted by the Legislature of West Virginia:
That section twenty-eight, article twenty-one, chapter
nineteen of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted to read as
ARTICLE 21. DRAINAGE DISTRICTS.
§19-21-28. Right to enter and appropriate land; vesting of title
in district; compensation of owner.
(a) The board of supervisors
shall may not have the right to
enter upon or appropriate any land for right-of-way, or other
works of the districts, until the price awarded to the owners of
such the land by the commissioners shall have has been paid to
such the owners or into the hands of the circuit clerks of the
courts organizing such the districts for the use of such the
owners; and if the sums awarded be not so have not been paid
within five years from the date of filing the commissioners'
reports, all proceedings as to the taking of such the property
for rights-of-way and other works not so paid for shall abate at
the cost of said the district. Whenever any land is acquired by
any district under the provisions of this article and the price
of such the property has been paid to the owner by the district,
the title, use, possession and enjoyment of such the property
shall pass from the owner and be vested in the district, and
subject to its use, profit, employment and final disposition.
The price awarded for all land acquired by any district for
rights-of-way, or other works, and the amount of damages assessed
by the board of appraisers and confirmed by the court to any tract or parcel of land or other property in the district shall
be paid in cash to the owner thereof or to the clerk of the court
for the use of such the owner, and that portion of any tract or
parcel of land or other property not taken for the use of the
district shall be assessed for the benefits accruing in
accordance with the provisions of previous sections of this
(b) Any agency of the state which purchases land that has
been declared by any state or federal agency as a wetland, shall
compensate the owner of the property at a rate not less than the
fair market value of the nonwetland property surrounding the
wetland, notwithstanding the fair market value of the wetland
NOTE: The purpose of this bill is to require that a
property owner whose land is declared a wetland and purchased by
the state will be compensated for the land at the fair market
value of the surrounding land that has not been declared wetland.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.