West Virginia Code § 18B-19-16

Condemnation generally
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(a) The commission, council and governing boards each may acquire land or buildings by
condemnation for the use and benefit of any state institution under its jurisdiction. A
condemnation proceeding conducted pursuant to this section is governed by chapter fifty-
four of this code.
(b) The commission, council and governing boards each may condemn any interest, right or
privilege, land or improvement, which in its opinion is necessary, in the manner provided by
law for the acquisition by this state of property for public purposes. The state is under no
obligation to accept and pay for any property condemned and mauy pay for the property only
from the funds provided for that purpose.
(c) In any proceeding to condemn, the order shall be made by the court having jurisdiction of
the suit, action or proceedings. A bond or other security may be required by the court
securing the property owner against any loss or damage to be sustained by reason of the
state's failure to accept and pay for the property. Tlhe bond or security may not impose
liability or debt on or of the state as contemplsated by the Constitution of the State in relation
to state debt.

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