WVC 19 - 21 - 16
§19-21-16. Assessment of damages by jury.
Any property owner may accept the assessment of damages in
his favor made by the appraisers, or acquiesce in their failure
to assess damages in his favor, and shall be construed to have
done so unless he gives to such board of supervisors, within
thirty days after the assessment is filed, notice in writing that
he demands an assessment of damages by a jury, in which event the
board of supervisors shall institute in the circuit court an
action to condemn the lands that must be taken or damaged in the
making of such improvement, which action shall be in accordance
with the proceedings for condemnation of rights-of-way by
railroad, telegraph and telephone companies, with the right of
paying into court a sum to be fixed by the circuit court or judge
and of proceeding with the work before assessment by the jury. If
there is more than one claimant to the lands and to the fund paid
into court, all claimants may be made parties defendant in such
suit, leaving the claimants to contest in that action their
respective rights to the fund.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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