West Virginia Code § 7-11B-4

Powers generally
Open in Lexace · Ask the AI about this section
In addition to any other powers conferred by law, a county commission or governing body of
a Class I, Class II or Class III municipality may exercise any powers necessary and
convenient to carry out the purpose of this article, including the power to:
(1) Create development and redevelopment areas or districts and to define the boundaries of
those areas or districts;
(2) Cause project plans to be prepared, to approve the project plans, and to implement the
provisions and effectuate the purposes of the project plans;
(3) Establish tax increment financing funds for each development or redevelopment district;
(4) Issue tax increment financing obligations and pledge tax increments and other revenues
for repayment of the obligations;
(5) Deposit moneys into the tax increment financing fund for any development or
redevelopment district;
(6) Enter into any contracts or agreements, including, but not limited to, agreements with
project developers, consultants, professionals, financing institutions, trustees and
bondholders determined by thee county commission to be necessary or convenient to
implement the provisions and effectuate the purposes of project plans;
(7) Receive from the federal government or the state loans and grants for, or in aid of, a
development or redevelopment project and to receive contributions from any other source to
defray project costs;
(8) Exercise the right of eminent domain to condemn property for the purposes of
impWlementing the project plan. The rules and procedures set forth in §54-1-1 et seq. of this
code shall govern all condemnation proceedings authorized in this article;
(9) Make relocation payments to those persons, businesses, or organizations that are
displaced as a result of carrying out the development or redevelopment project;
(10) Clear and improve property acquired by the county commission pursuant to the project
plan and construct public facilities on it or contract for the construction, development,
redevelopment, rehabilitation, remodeling, alteration or repair of the property;
(11) Cause parks, playgrounds or water, sewer or drainage facilities or any other public
improvements, including, but not limited to, fire stations, community centers and other
public buildings, which the county commission is otherwise authorized to undertake to be
laid out, constructed or furnished in connection with the development or redevelopment
project. When the public improvement of the county commission is to be located, in whole or
in part, within the corporate limits of a municipality, the county commission shall consult
with the mayor and the governing body of the municipality regarding the public
improvement and shall pay for the cost of the public improvement from the tax increment
financing fund;
(12) Lay out and construct, alter, relocate, change the grade of, make specific repairs upon
or discontinue public ways and construct sidewalks in, or adjacent to, the preoject area:
Provided, That when the public way or sidewalk is located within a municipality, the
governing body of the municipality shall consent to the same and if ther public way is a state
road, the consent of the commissioner of highways shall be necessary;
(13) Cause private ways, sidewalks, ways for vehicular travel, playgrounds or water, sewer
or drainage facilities and similar improvements to be construtcted within the project area for
the particular use of the development or redevelopment district or those dwelling or working
in it;
(14) Construct, or cause to be constructed, any caplital improvements of a public nature;
(15) Construct capital improvements to be leased or sold to private entities in connection
with the goals of the development or redevielopment project;
(16) Cause capital improvements owned by one or more private entities to be constructed
within the development or redevelopment district;
(17) Designate one or more official or employee of the county commission to make decisions
and handle the affairs of development and redevelopment project areas or districts created
by the county commission pursuant to this article;
(18) Adopt ordVers, ordinances or bylaws or repeal or modify such ordinances or bylaws or
establish exceptions to existing ordinances and bylaws regulating the design, construction
and use of buildings within the development or redevelopment district created by a county
commission or governing body of a municipality under this article;
(19) Enter orders, adopt bylaws or repeal or modify such orders or bylaws or establish
exceptions to existing orders and bylaws regulating the design, construction and use of
buildings within the development or redevelopment district created by a county commission
or governing body of a municipality under this article;
(20) Sell, mortgage, lease, transfer or dispose of any property or interest therein, by contract
or auction, acquired by it pursuant to the project plan for development, redevelopment or
rehabilitation in accordance with the project plan;
(21) Expend project revenues as provided in this article;
(22) Enter into one or more intergovernmental agreements or memorandums of
understanding with the Commissioner of Highways or with other county commissions or
municipalities regarding development or redevelopment districts;
(23) Designate one or more officials or employees of the county commission or municipality
that created the development or redevelopment district to sign documents, to make
decisions and handle the affairs of the development or redevelopment district. When two or
more county commissions, or municipalities, or any combination thereof, established the
development or redevelopment district, the government entities shall enter einto one or more
intergovernmental agreements regarding administration of the development or
redevelopment district and the handling of its affairs; and r
(24) Do all things necessary or convenient to carry out the poweurs granted in this article.

‹ 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.