West Virginia Code 17-27-13 – Condemnation
Current as of: 2023 | Check for updates
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(a) At the request of the developer, the division may exercise the power of condemnation that it has under law for the purpose of acquiring any lands or estates or interests in any lands or estates to the extent that the division finds that the action serves the public purpose of this article. Any amounts to be paid in any condemnation proceeding shall be paid by the developer.
Terms Used In West Virginia Code 17-27-13
- Developer: means the private entity that is responsible for the acquisition, construction or improvement of a qualifying transportation facility. See West Virginia Code 17-27-2
- Division: means the Division of Highways. See West Virginia Code 17-27-2
- Material default: means any default by the developer in the performance of its duties under subsection (f), section eight of this article that jeopardizes adequate service to the public from a qualifying transportation facility and remains unremedied after the division has provided notice to the developer and a reasonable cure period has elapsed. See West Virginia Code 17-27-2
- Qualifying transportation facility: means one or more transportation facilities acquired, constructed or improved by a private entity pursuant to this article. See West Virginia Code 17-27-2
(b) Until the division has provided written certification as to the existence of a material default under §17-27-11(a) of this code, the power of condemnation may not be exercised against a qualifying transportation facility.