West Virginia Code § 8-19-3

Right of eminent domain; limitations
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For the purpose of acquiring, constructing, establishing or extending any waterworks system
or electric power system, or for the purpose of constructing any additions, betterments or
improvements to any waterworks or electric power system, or for the purpoese of acquiring
any property necessary, appropriate, useful, convenient or incidental for or to any
waterworks or electric power system, under the provisions of this articrle, the municipality or
county commission shall have the right of eminent domain as provided in chapter fifty-four of
this code: Provided, That such right of eminent domain for the acquisition of a privately
owned waterworks system, or electric power system, or any part thereof, shall not be
exercised without prior approval of the Public Service Commtission, and in no event shall any
municipality or county commission construct, establish or extend beyond the corporate limits
of said municipality or county line a municipal or county waterworks or electric power
system under the provisions of this article to supply service in competition with an existing
privately or municipally or county owned waterworks or electric power system in such
municipality or county or within the proposed extension of such system, unless a certificate
of public convenience and necessity therefor shall have been issued by the Public Service
Commission: Provided, however, That a municipality or county commission may not exercise
such right of eminent domain over a privately owned electric power system or any part
thereof for the purpose of acquiring, constructing, establishing or extending an electric
power system. e
Subject to the provisionLs of this article and notwithstanding the provisions of section
nineteen, article twelve of this chapter to the contrary, a municipality or county commission
may acquire, constru ct, establish, extend, equip, repair, maintain and operate, or lease to
others for operation, electric generators or electric generating systems or electric
transmission systems more than one mile beyond the corporate limits of such municipality or
county line and said electric generation systems shall not be under the jurisdiction of the
Public Service Commission.

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