WEST VIRGINIA CODE
WVC 54-2-2
§54-2-2. Pleadings; verification; parties.
The pleadings shall be in writing and shall be verified. The
petition shall describe with reasonable certainty the property
proposed to be taken, and may embrace one or more parcels of land
where the ownership is the same. If an estate less than a fee is
proposed to be taken, the petition shall describe with reasonable
certainty the particular estate less than the fee which it is
proposed to take, the name of the owner or owners thereof, the
manner and extent of their respective interests. If there are any
liens upon or conflicting claims to such real estate, the petition
shall state the nature and amount of such liens and claims and the
names and places of residence of the persons who hold the same, so
far as known to the petitioner. Where there are persons interested
in the property proposed to be taken whose names are unknown to the
applicant, or it is not known to the applicant whether there are
any other persons interested in the property proposed to be taken,
or there be any contingent or executory interest or estate in such
property which is liable to vest in or to open and let in persons
not in being, such fact shall be stated in the petition and such
persons, if any, shall be made parties defendant to such petition
by the general description of parties unknown. The joinder of any
person having only a contingent or executory interest in the
property proposed to be taken shall not be necessary when the
person not joined is virtually represented by any other party or
parties defendant; and where such virtual representation exists no
order or decree made thereunder shall be deemed erroneous or void
because of such nonjoinder. The petition shall also state the use to which the estate sought to be taken is intended to be
appropriated.
Note: WV Code updated with legislation passed through the 2012 1st Special Session