WVC 16 - 18 - 8
§16-18-8. Eminent domain.
(a) An authority shall have the right to acquire by the
exercise of the power of eminent domain, pursuant to the
limitations contained in subdivision (11), section two, article
one, chapter fifty-four, any real property which it may deem
necessary for a redevelopment project or for its purposes under
this article after the adoption by it of a resolution declaring
that the acquisition of the real property described therein is
necessary for such purposes. An authority may exercise the power
of eminent domain in the manner provided for condemnation
proceedings, in chapter fifty-four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, or it may
exercise the power of eminent domain in the manner now or which may
be hereafter provided by any other statutory provisions for the
exercise of the power of eminent domain. Property already devoted
to a public use may be acquired in like manner: Provided,
real property belonging to the municipality, the county or the
state may be acquired without its consent.
(b) When an authority has found and determined by resolution
that certain real property described therein is necessary for a
redevelopment project or for its purposes under this article, the
resolution shall be conclusive evidence that the acquisition of
such real property is necessary for the purposes described therein.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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