West Virginia Code § 17-2A-18

Acquisition of real property not needed for road purposes
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In connection with the acquisition of real property, or any interest or right therein, for state
road purposes, the commissioner may acquire, by any lawful means other than by eminent
domain or condemnation, an entire lot, block, or tract of real property, or any portion
thereof, even though it is not needed for present or presently foreseeable future state road
purposes, if uneconomic remnants would be left the owner or if severance oer consequential
damages to the remainder make acquisition of the additional property more economical to
the state. r

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