PART III. RIGHT OF EMINENT DOMAIN.
§8-19-3. Right of eminent domain; limitations.
For the purpose of acquiring, constructing, establishing or
extending any waterworks system or electric power system, or for
the purpose of constructing any additions, betterments or
improvements to any waterworks or electric power system, or for the
purpose of acquiring any property necessary, appropriate, useful,
convenient or incidental for or to any waterworks or electric power
system, under the provisions of this article, the municipality or
county commission shall have the right of eminent domain as
provided in chapter fifty-four of this code: Provided,
right of eminent domain for the acquisition of a privately owned
waterworks system, or electric power system, or any part thereof,
shall not be exercised without prior approval of the public service
commission, and in no event shall any municipality or county
commission construct, establish or extend beyond the corporate
limits of said municipality or county line a municipal or county
waterworks or electric power system under the provisions of this
article to supply service in competition with an existing privately
or municipally or county owned waterworks or electric power system
in such municipality or county or within the proposed extension of
such system, unless a certificate of public convenience and
necessity therefor shall have been issued by the public service
commission: Provided, however,
That a municipality or county
commission may not exercise such right of eminent domain over a privately owned electric power system or any part thereof for the
purpose of acquiring, constructing, establishing or extending an
electric power system.
Subject to the provisions of this article and notwithstanding
the provisions of section nineteen, article twelve of this chapter
to the contrary, a municipality or county commission may acquire,
construct, establish, extend, equip, repair, maintain and operate,
or lease to others for operation, electric generators or electric
generating systems or electric transmission systems more than one
mile beyond the corporate limits of such municipality or county
line and said electric generation systems shall not be under the
jurisdiction of the public service commission.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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