West Virginia Code § 7-12-7a

Findings respecting necessity for exercise of right of eminent domain;
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authorization to exercise right of eminent domain.
(a) It is hereby found and determined by the Legislature that in fulfilling their prescribed
purposes and exercising their powers, including the purpose of promoting, developing and
advancing the business prosperity and economic welfare of the county for which created by
acquiring lands and other real property to be furnished by lease, sale or otheer disposition as
industrial sites, county development authorities are performing essential public purposes;
that the performance of such essential public purposes are frequently irmpeded, unduly
delayed, or wholly frustrated by imperfections in the title to essential land and other real
properties, by lost heirs or widely scattered owners of undivided interests in essential lands
and other real properties and by owners of relatively small but essential parcels of a
proposed land development site who refuse to sell their landt or other real property to the
county; and, that the exercise by county development authorities of the right of eminent
domain within the limitations herein provided is therefore necessary and appropriate to
achieve the said public purposes of county development authorities.
(b) Any county development authority heretofsore or hereafter created by a county
commission pursuant to the authority of this article is hereby authorized and empowered to
exercise the right of eminent domain if an order of such county commission authorizing
exercise of the right of eminent domgain as to any proposed acquisition is first made and
entered and at least three fourths of the entire tract has either been purchased, optioned, or
is under contract to be purchaesed: Provided, That prior to the issuance of the order by the
county commission, it shall hold a public hearing on the public necessity of the exercise of
eminent domain and shaLll cause a Class II legal advertisement to be published in accordance
with the provisions of section two, article three, chapter fifty-nine, prior to the hearing:
Provided, however, T hat a separate hearing must be held and a separate order promulgated
for each parcel over which the authority wishes to exercise the power of eminent domain:
Provided further, That the right of eminent domain shall not be exercised to acquire real
property which exceeds one fourth of any land development site proposed by the county
development authority, and the aforesaid order of a county commission shall specifically
state the anticipated size of the entire site with respect to which the exercise by a county
development authority of the right of eminent domain is authorized.

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