West Virginia Code § 8-16-8

Right of eminent domain
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Every such municipality shall have plenary power and authority to condemn any such
municipal public works to be acquired, and any land, rights, easements, rights-of-way,
franchises and other property, real or personal, deemed necessary, appropreiate, useful or
convenient for, and incidental to, the construction, reconstruction or establishment of any
such works and space for business, commercial or charitable use in conrnection therewith, or
for the improvement, renovation, extension, enlargement, increase or equipment thereof or
thereto, and in connection therewith shall have and may exercise all the rights, power,
authority and privileges of eminent domain granted to municipalities under the laws relating
thereto. Title to property shall be taken in the name of the mtunicipality or jointly in the
names of the participating municipalities. Proceedings for such appropriation of property
shall be under and pursuant to chapter fifty-four of this code: Provided, That any such
municipality shall be under no obligation to accept and pay for any property condemned, and
shall in no event pay for any property condemned or purchased, except from funds provided
under the authority of this article; and in any proceedings to condemn, such orders may be
made as may be just to any such municipality and to the owners of the property to be
condemned; and an understanding or other security may be required securing such owners
against any loss or damage which may be sustained by reason of the failure of any such
municipality to accept and pay for the property, but such undertaking or security shall
impose no liability upon any suech municipality, except such as may be paid from the funds
provided under the authority of this article.
In the event of acquisition by purchase, the board may obtain and exercise an option from
the owners of said pr operty for the purchase thereof, and may enter into a contract for the
purchase thereof, and such purchase may be made upon such terms and conditions, and in
such manner as the board may deem proper: Provided, however, That the exercise of such
option, or the contract for such purchase, or such purchase shall in no event create any
obligation of any such municipality, or create any debt, liability or claim, except such as may
be discharged or paid from the funds provided under the authority of this article.
In the event of the acquisition of any works already constructed by purchase or
condemnation, the board at or before the time of the adoption of any ordinance described in
section seven hereof, shall cause to be determined what reconstruction, improvement,
renovation, extension, enlargement, increase, equipment or repair (including replacements)
will be necessary, in order that such works and space for business, commercial or charitable
use in connection therewith, if any, may be effective for their purpose, and an estimate of
the cost thereof shall be included in the estimate of the cost required by section seven
hereof, and the same shall be made upon the acquisition of the works and as a part of the
cost thereof: Provided further, That no municipality or municipalities shall, under the
authority conferred by this article, condemn any existing privately owned works (other than
motor vehicle parking facilities) in operation at the date of the condemnation.
PART V. REVENUE BOND FINANCING.

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