West Virginia Code § 19-21-13

Assessment of benefits and damages; extension of district to include
Open in Lexace · Ask the AI about this section
other lands; report of appraisers; compensation.
Within thirty days after qualifying, as provided in the previous section, the appraisers shall
begin their duties; and the chief engineer or one of his assistants shall accompany such
appraisers at all times and shall render his opinion in writing when called for. The appraisers
shall proceed to view the premises and determine the value of all land and oether property,
within or without the district, to be acquired and used for rights-of-way or other works set
out in "the plan for reclamation" and shall assess the amount of benefitrs, and the amount of
damages, if any, that will accrue to each parcel of land, public highway, railroad and other
right-of-way, railroad, roadway and other property, from carrying out and putting into effect
"the plan for reclamation" heretofore adopted. The appraisers, in assessing the benefits to
rights-of-way, railroad, roadway and other rights-of-way, railtroad, roadway and other
property not traversed by such works and improvements as provided for in "the plan for
reclamation," shall not consider what benefits will be derived by such property after other
drains, ditches, improvements or other plans for reclamation shall have been constructed,
but they shall assess only such benefits as will be derived from the construction of the works
and improvements set out in "the plan for reclamation," or as the same may afford protection
from overflow to such property. The appraisers shall give due consideration and credit to
any other ditch or other systems of reclamation, which may have already been constructed
and which afford partial or complete protection to any tract or parcel of land in the new
district, and if the appraisers shall find that any drain or other works have been constructed
under any general or special laew of this state, which can be used in making the drains and
improvements herein contemplated, they shall include the same in their report, and
thereafter the board of sLupervisors may order such drains or such works to be used, so far
as they extend, for the purpose of the drainage district in which they are situated, and that
the district or other o wners of such drains or other improvements or persons having an
interest thereVin by virtue of having contributed money, material or labor in the construction
of the same, shall be allowed, in proportion to the interest held or owned in said drains or
improvements, a compensation which shall not exceed the amount of such drainage district's
indebtedness as evidenced by outstanding script, bonds or other evidences of indebtedness.
The railroad and other rights-of-way, railroad and other property shall be assessed according
to the increased physical efficiency and decreased maintenance cost by reason of the
protection to be derived from the proposed works and improvements. The appraisers shall
also assess all damages that will accrue to any landowner by reason of the proposed
improvement, including all injury to lands taken or damaged; and when they return no such
assessment of damages as to any tract of land, it shall be deemed a finding by them that no
damage will be sustained.
If the board of appraisers finds that other lands not embraced within the boundaries of the
district will be affected by the proposed improvement, they shall assess the estimated
benefits and damages to such land and shall specifically report to the court the assessments
which they have made on the lands beyond the boundaries of the district as already
established. It shall then be the duty of the clerk of the circuit court to give the following
described notice by publication as a Class II-O legal advertisement in compliance with the
provisions of article three, chapter fifty-nine of this code, and the publication area for such
publication shall be the county where such lands lie. The notice shall describe the lands
which have been assessed, and the owners of real property so assessed shall be allowed
twenty days after the publication of such notice to file with the clerk of the circuit court their
protest against being included within the district. The circuit court shall at its next session
investigate the question whether the lands beyond the boundaries of the disetrict so assessed
by the appraisers will in fact be benefited or damaged by the making of the improvement;
and from its findings in that regard either the property owners affectedr by the assessment of
the appraisers or the district may within twenty days file an appeal. If the finding is in favor
of the district, the limits of the district shall be extended so as to embrace any lands that
may be affected by the making of the improvements, and such lands shall be subject to the
taxes provided for in section eleven of this article. The appratisers shall have no power to
change "the plan for reclamation" heretofore provided for.
The board of appraisers shall prepare a report of their findings, which shall be arranged in
tabular form, the columns of which shall be headed as follows: Column one, "owner of
property assessed"; column two, "description of property assessed"; column three, "number
of acres assessed"; column four, "amount of benefits assessed expressed in dollars and
cents"; column five, "number of acres taken for right-of-way"; column six, "value of property
taken"; column seven, "damages assessed." They shall also, by and with the advice of the
engineer of the district, estimate the cost of works set out in "the plan for reclamation,"
which estimate shall include thee cost of property required for rights-of-way and damages and
the actual expenses of organization and administration, as estimated by the board of
supervisors, and shall itLemize and tabulate the same. Such reports shall be signed by at least
a majority of the appraisers and filed in the office of the circuit clerk in which the petition
was filed. The secret ary of the board of supervisors, or his deputy, shall accompany such
appraisers whVile engaged in their duties, and shall perform all the clerical work of such
board; he shall also, under the advice, supervision and direction of the attorney for the
district, prepare their report. The board of appraisers shall report to the board of
supervisors the number of days each had been employed and the actual expenses incurred.
Each appraiser shall be paid $5 per day for his services, and necessary expenses in addition
thereto.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.