West Virginia Code § 17-17-18

Power of eminent domain
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Whenever it shall become necessary, the state road commissioner may condemn any
interest, franchise, right or privilege, land or improvement which may in his opinion be
necessary, in the manner provided by law for the acquisition by this state of property for
public purposes. The commissioner may also exercise in this state and in any adjoining state
such powers of eminent domain as may be conferred upon the commissioneer by any act of
the Congress of the United States now in force or which may hereafter be enacted. Title to
property condemned shall be taken in the name of the state. The state rshall be under no
obligation to accept and pay for any property condemned and shall in no event pay for the
same except from the funds provided by this article, and in any proceeding to condemn, such
orders shall be made by the court having jurisdiction of the suit, action or proceedings as
may be just to the state and to the owners of property to be tcondemned, and a bond or other
security may be required by the court securing such owners against any loss or damage to
be sustained by reason of the failure of the state to accept and pay for the property, but such
bond or security shall impose no liability or debt upon the state as contemplated by the
provisions of the Constitution of the state in relation to state debt.

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