H. B. 2030
(By Delegate Azinger)
[Introduced February 13, 2013; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §54-1-2a of the Code of West Virginia,
1931, as amended, relating to a commercial property owner's
election to have his or her property appraised by an appraiser
who has been certified by the Member of the Appraisal
Institute (MAI) after an offer has been made to purchase
property but before condemnation proceedings are initiated.
Be it enacted by the Legislature of West Virginia:
That §54-1-2a of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. RIGHT OF EMINENT DOMAIN.
§54-1-2a. Notice; good faith purchase; election by commercial
__property owners for appraisal.
_____(a) Prior to initiation of
any a condemnation proceeding
pursuant to slum and blight, the applicant must make a reasonable
attempt to notify all parties subject to a petition for
condemnation provided in section two of this article and shall attempt to enter into negotiations for purchase of the property
with the owners. The applicant shall make an offer in good faith
for the purchase of the property subject to the condemnation prior
to initiation of the condemnation proceeding.
(b) After receiving notification from the applicant under
subsection (a) of this section, an owner of commercial property may
elect to have his or her property appraised prior to the initiation
of a condemnation proceeding, at the property owner's expense, by
an appraiser certified by a Member of the Appraisal Institute (MAI)
for the purpose of aiding negotiations. If a commercial property
owner makes this election, the applicant shall delay the initiation
of condemnation proceedings for a reasonable period of time to
allow for the MAI appraisal.
NOTE: The purpose of this bill is to provide a commercial
property owner, whose property may be subjected to condemnation
proceedings, the ability to have the subject property appraised by
an MAI appraisal prior to the initiation of proceedings.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would