§54-2-9. Report of commissioners.
The commissioners, after viewing the property, if a view is
demanded, and hearing any proper evidence which is offered shall
ascertain what will be a just compensation to the person entitled
thereto for so much thereof as is proposed to be taken, or for the
interest therein, if less than a fee, and for damage to the residue
of the tract beyond all benefits to be derived, in respect to such
residue, from the work to be constructed, or the purpose to which
the land to be taken is to be appropriated, including, when less
than the fee is taken, the actual damage, if any, done, or that may
be done, to the fee by such construction, and make report to the
following effect: We, the commissioners, appointed by the circuit
court of ............ county, (or by the judge thereof in vacation,
as the case may be) by an order made on the ........ day of
........ on the application of ............... respectfully report,
that having first been duly sworn, we have viewed the real estate
owned by ..............., mentioned in the said application, and
are of opinion that ........ dollars will be a just compensation
for so much of the said real estate as is proposed to be taken by
the said applicant, that is to say: (here describe the part to be
taken, and the interest therein, if less than a fee, so as to
identify the same with reasonable certainty, which description may
be supplemented by reference to a plat annexed to the report, or in
any manner that would be sufficient in a conveyance) as well as for
damages to the residue of the said real estate beyond all benefits
which will be derived in respect to such residue from the work to
be constructed (or from the purposes to which the part to be taken by said applicant is to be appropriated).
Given under our hands this ........ day of .............
But if the property is proposed to be taken by a company
incorporated for construction of a railroad, no damages shall be
ascertained for the construction of any farm crossing, fences, or
cattle guards, or for keeping the same in repair. The report shall
be signed by at least three of the commissioners, and forthwith
returned to the clerk's office of the court, to be filed with the
papers of the case.
Note: WV Code updated with legislation passed through the 2014 1st Special Session
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