§54-2-10. Proceedings on report; trial by jury.
Within ten days after the report required by the provisions of
section nine of this article is returned and filed, either party
may file exceptions thereto, and demand that the question of the
compensation, and any damages to be paid, be ascertained by a jury,
in which case a jury of twelve freeholders shall be selected and
impaneled for the purpose, as juries are selected in civil actions.
But no person shall sit on such jury who would not be eligible to
serve as a condemnation commissioner in the proceeding. The cause
shall be tried as other causes in such court, except that any
person who served as a condemnation commissioner in the proceeding
shall not be examined as a witness in regard to just compensation
or any damages. The jury, ascertaining the damages or compensation
to which the owner of the property, or interest or right therein,
proposed to be taken is entitled, shall be governed by sections
nine and nine-a of this article except that a view of the property
proposed to be taken shall not be required: Provided,
That in the
event a demand therefor is made by a party in interest, the jury
shall be taken to view the property, and in such case, the judge
presiding at the trial shall go with the jury and shall control the
proceedings: Provided, however,
That the value of any leasehold on
the property proposed to be taken, that must be paid by the owner
thereof to his tenant or tenants, shall be admissible in evidence
in any hearing before the condemnation commissioners or in the
trial by jury.
If no exceptions be filed to such report, and neither party
demand a trial by jury as aforesaid, the court, or the judge thereof in vacation, unless good cause be shown against it, or it
be defective or erroneous on its face, shall confirm such report,
and order it to be recorded in the proper order book of the court.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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