54-1-1 Bodies which may exercise power of eminent domain
54-1-2 Public uses for which private property may be taken or damaged
54-1-2a Notice; good faith purchase
54-1-3 Entry on lands
54-1-3a Entry by political body to obtain data; compensation to owner
54-1-4 Restrictions as to dwelling houses — Railroad and other internal improvement companies
54-1-5 Same — Lines for transportation of gas, oil, coal, etc., and storage tanks
54-1-5a Restrictions as to the exercise of the right of eminent domain by the West Virginia Housing Development Fund
54-1-6 Quantity of land acquired
54-1-7 Roadways; crossings
54-1-8 Estate acquired; taxation
54-1-9 Crossing or alteration of course of works of another entity; civil action
54-1-10 Taking wood and other materials and water; deposits of waste; cutting trees
54-1-11 Specific purposes not limitation
54-1-12 Facilities for moving fuel coal to coal fired steam electric power plants
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Terms Used In West Virginia Code > Chapter 54 > Article 1 - Right of Eminent Domain

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • County court: includes any existing tribunal created in lieu of a county commission. See West Virginia Code 2-2-10
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: include lands, tenements and hereditaments, all rights thereto and interests therein, except chattel interests. See West Virginia Code 2-2-10
  • State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
  • Statute: A law passed by a legislature.
  • Town: includes a city, village or town, and the word "council" any body or board, whether composed of one or more branches, which is authorized to make ordinances for the government of a city, town, or village. See West Virginia Code 2-2-10
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.