West Virginia Code of State Rules › Agency 53 - Public Energy Authority › Title 53 - LEGISLATIVE RULE PUBLIC ENERGY AUTHORITY › Series 53-03 - Rules And Procedures For The exercise Of The powers Of eminent domain For qualified projects › Section 53-3-6 - Application for Authority's Approval of Eminent Domain Power

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Any acquiring entity may request the
				Authority to exercise the Authority's right of eminent domain/condemnation for a
				qualified project by filing a written request with the Board.
6.2. The acquiring entity must present the
				following evidence to the Board:
6.2.1. That the
				real property, right-of-way or easement proposed to be acquired is necessary for
				the finalization of the project and that alternative routes for the project have
				been reviewed and are not financially or physically consistent with the interest
				and purposes of the project.
6.2.2. A
				description and location identification of the proposed real property,
				right-of-way or easement to be acquired and the owners and interests of each in
				the same.
6.2.3. An identification of
				the buildings, structures, or other improvements, including removable building
				equipment and trade fixtures, which are considered to be part of the real
				property, right-of-way or easement for which the offer of just compensation has
				been made.
6.2.4. The amount that the
				acquiring entity has established as just compensation for the real property,
				right-of-way or easement. The amount shall not be less than the approved
				appraisal of the fair market value of the property, taking into account the value
				of the allowable damages or benefits to any remaining property.
6.2.5. That all reasonable efforts have been
				made to reach a fair and reasonable accommodation between the acquiring entity
				and the owner including a listing of all offers, counteroffers and
				refusals.
6.2.6. Documentation of the
				initial written purchase offer and documentation that the owner has been given a
				written statement by the acquiring entity. Such statement shall include:
6.2.6.a. A statement of the amount offered as
				just compensation. In the case of partial acquisition, the compensation for the
				real property, right-of-way or easement to be acquired and the compensation for
				damages, if any, to the remaining real property, which shall be stated
				separately.
6.2.6.b. A description
				and location identification of the real property and the interest in the real
				property to be acquired.
6.2.6.c. An
				identification of the buildings, structures and other improvements, including
				reasonable building equipment and trade fixtures, which are considered to part of
				the real property for which the offer of just compensation is made. Where
				appropriate, the statement shall identify and separately held ownership interest
				in the property, e.g., a tenant-owned improvement, and indicate that such
				interest is not covered by the offer.
6.2.6.d. Any update or subsequent offer of just
				compensation with appropriate documentation that the offer has been considered
				and rejected as impracticable.