WEST VIRGINIA CODE
WVC 16 - 13 - 7
§16-13-7. Acquisition by condemnation or purchase.
Every such municipality shall have power to condemn any such
works to be acquired and any land, rights, easements, franchises
and other property, real or personal, deemed necessary or
convenient for the construction of any such works, or for
extensions, improvements, or additions thereto, and in connection
therewith may have and exercise all the rights, powers and
privileges of eminent domain granted to municipal corporations
under the laws relating thereto. Title to property condemned
shall be taken in the name of the municipality. Proceedings
for such appropriation of property shall be under and pursuant to
the provisions of chapter fifty-four, of the code of West
Virginia, one thousand nine hundred thirty-one, and acts
amendatory and supplemental thereto:
Provided, That the
municipality shall be under no obligation to accept and pay for
any property condemned, and shall in no event pay for any
property condemned or purchased, except from the funds provided
pursuant to this article; and in any proceedings to condemn, such
orders may be made as may be just to the municipality and to the
owners of the property to be condemned, and an undertaking or
other security may be required securing such owners against any
loss or damage to be sustained by reason of the failure of the
municipality to accept and pay for the property, but such
undertaking or security shall impose no liability upon the
municipality except such as may be paid from the funds provided
under the authority of this article. In event of the acquisition
by purchase the board may obtain and exercise an option from the owner or owners of said property for the purchase thereof, or may
enter into a contract for the purchase thereof, and such purchase
may be made upon such terms and conditions, and in such manner as
the board may deem proper. In event of the acquisition of any
works already constructed by purchase or condemnation, the board
at or before the time of the adoption of the ordinance described
in section five hereof, shall cause to be determined what
repairs, replacements, additions, and betterments will be
necessary in order that such works may be effective for their
purpose, and an estimate of the cost of such improvements shall
be included in the estimate of cost required by section five
hereof, and such improvement shall be made upon the acquisition
of the works and as a part of the cost thereof.
Note: WV Code updated with legislation passed through the 2012 1st Special Session