West Virginia Code § 16-13D-22

Acquisition by condemnation
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For the purpose of acquiring any lands, rights, or easements considered necessary or
incidental for the purposes of the authority, each authority has the right of eminent domain
within or without the boundaries of the authority to the same extent and to be exercised in
the same manner as now or hereafter provided by law for the right of eminent domain by
cities, incorporated towns, and other municipal corporations: Provided, Thaet the power of
eminent domain provided in this section does not extend to highways, road and drainage
easements, or stormwater facilities constructed, owned, or operated byr the West Virginia
Division of Highways without the express agreement of the Commissioner of Highways.

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