West Virginia Eminent Domain Laws Explained

Eminent domain is a controversial subject in the United States. These laws exist at the federal and state levels, and each state upholds different statutes. West Virginia eminent domain laws may cause problems for some property owners, and it is vital for every property owner in the state to know what these laws entail, what an eminent domain case could mean for their property, and their rights when faced with any type of eminent domain-related legal issue.

Understanding West Virginia Eminent Domain Laws

In the state, eminent domain laws allow certain government entities to take ownership of privately owned properties under certain conditions. These entities include the federal government, the state of West Virginia, local governments, Urban Renewal Committees, and, in specific cases, privately owned utility or transportation companies. If the government needs a piece of land for public use, it can file an eminent domain claim to the property owner.

It is possible for the government to file an eminent domain claim for all types of public use projects, including:

• Infrastructure projects. These may include building or expanding roads, erecting bridges, or building new infrastructure. Many such projects will require the government to file eminent domain claims on multiple properties in the project area, and some properties may be reduced in size to accommodate these projects.
• Utility projects. New power and telecommunications lines and stations may need to be situated through existing properties. Property owners may need to sell their properties or parts of these properties to accommodate these projects.
• Development of energy, water, and sewer systems.
• Urban renewal projects. If an urban area has been designated as a slum and contains multiple condemned properties, the government may file an eminent domain claim to compensate remaining property owners in the area so they can demolish unsafe structures to make way for new constructions.

If you are a property owner in the state and have had any government entity notify you that your property is subject to an eminent domain claim, it can feel unfair, and you may have many legal questions about your options for fighting the claim. It’s important to remember that while your chances of nullifying the claim are slim, you can still hire legal counsel to defend your rights and help ensure you receive appropriate compensation for your property.

How an Attorney Can Help

You may not be able to stop an eminent domain claim against your property, but a good attorney can still be a valuable asset when it comes to ensuring you receive fair payment. You should arrange for a professional appraisal of your property or the part of your property that will be seized under the eminent domain claim. An experienced attorney can help a property owner gather any and all documentation necessary to ensure maximum compensation.

Meadows Law PLLC knows the frustrations that property owners might feel when they are hit with eminent domain claims in the state. Our firm has the resources and experience necessary to help you through your case, ensuring that you are treated fairly and that the public project is a valid reason for the eminent domain claim. As soon as you are notified of an eminent domain claim on your property, reach out to our team for assistance.

Taking Eminent Domain Together In West Virginia

Every highway, park, and public facility was once acquired by either the state or federal government. The government process of acquiring private land for public use is authorized by the United States Constitution, and commonly referred to as Condemnation. The Constitution also ensures that the land owners receive fair and just compensation.

The West Virginia constitution expands rights of the landowner and in Chapter 54 of the West Virginia Code. This Chapter outlines what entities have the authority of Eminent Domain, and the process for exercising their authority. For example, if you recently received a bid on your property from the DOT / DOH or any of their contractors then you are in the Notice stage.
IF you have a notice or an offer, I recommend contacting my office for assistance.

Furthermore, the West Virginia Code expands land owners rights by using the same proceeding when land has been taken or damaged . As a property loss attorney, this is a great tool to bring value to client’s claims for property damages. Usually, the State has Sovereign Immunity and is barred from lawsuits. However, this clause affords my client’s a cause of action even when the taking of land – or even entry on land was unintentional. This is commonly referred to as “Inverse Condemnation”, meaning the individual is compelling the state to initiate Eminent Domain procedures to ensure the landowner receives just compensation.

Once a bid or offer is received, a property loss attorneys can assist landowners and help them receive the true fair market value of their land. My office strives to increase the offer by arguing the following:

Residential Property Arguments

• The location of the property;
• The age and condition of improvements on the property;
• How the property has been used;
• Whether there are any lease agreements relating to the property;
• Whether there are any environmental issues, such as contaminated soil;
• Applicable current and potential future zoning and land use requirements;
• How the property compares with similar properties in the area that have been sold recently;
• How much it would cost to reproduce the buildings and other structures, less any depreciation; and
• How much rental income the property produces, or could produce if put to its highest and best use.

Commercial Property Arguments

• Business interruption
• Lost Profit
• Cost to Relocate
• Expenses Incurred
• Lost Investment
• Fixed Costs
• Penalties/fines Incurred

The best part is, our interest are aligned, the standard attorney’s fees are only
33% of the increase on the original offer – so there is really no risk!

If you are dealing with an offer for your land, please contact my office.
Eminent Domain Form or  Call Now!

FAQs

Q: What Is the Eminent Domain Law in West Virginia?

A: The eminent domain law in the state allows certain public entities to take ownership of privately owned property for public use, even if the owner of the property does not want to sell their property. The federal government, the state of West Virginia, and local governments have the right to issue eminent domain claims, but any property owner subject to such a claim must be fairly compensated for their property.

Q: What Are the Restrictions on Eminent Domain Seizures?

A: There are certain restrictions on eminent domain seizures in West Virginia. These restrictions limit which properties may be taken through eminent domain, how those properties may be used, and how property owners must be compensated. For example, the government cannot seize private property through eminent domain if it ends up controlled by another private entity. An experienced attorney can explain how any such restrictions apply to your situation.

Q: What Is Fair Compensation Under Eminent Domain?

A: Under eminent domain, fair compensation for private property applies to the fair market value of the property, appraisals for the elements of the property, including any structures the property contains, and the surrounding area. It’s possible for an eminent domain claim to apply to an entire property or part of a property, and in either case, an appraisal will be necessary to ensure the property owner receives a fair settlement for their property.

Q: Can You Fight an Eminent Domain Claim in West Virginia?

A: It is possible to fight an eminent domain claim, but it is only possible to stop a seizure of property if you can prove that the project does not align with West Virginia eminent domain laws. Most property owners can hire legal counsel to help them ensure maximum compensation for their property. Ultimately, if the federal or state government decides to file an eminent domain claim, there is little the average person can do to stop it.

Q: Should You Hire an Attorney for an Eminent Domain Case?

A: Yes, it is important to hire an attorney for an eminent domain case. Your legal representative can make sure your rights are respected, and if the government is taking some or all of your property, your attorney can ensure you receive appropriate compensation. Meadows Law PLLC has extensive experience representing clients in West Virginia eminent domain claims and we can provide legal representation for your case.

The team at Meadows Law PLLC has years of experience representing West Virginia clients in many types of real estate cases, including eminent domain claims involving the federal and state governments. It is important that you speak with an attorney as quickly as possible if you have been notified of a government eminent domain claim on your property. Contact us today to schedule a free consultation with our team and learn how we can help.