Land Use & Zoning
In West Virginia, a property owner whose land is condemned by the state for a new highway has the right to:
ARefuse the condemnation if the taking is unjust
BChallenge the amount of compensation offered in circuit court✓ Correct
CRequire the state to purchase the entire property even if only part is taken
DKeep any minerals found during highway construction
Explanation
A property owner whose land is condemned may challenge the amount of compensation offered by filing suit in circuit court. While the owner cannot prevent a valid taking, they have the right to just compensation, and disputes over the amount are resolved by the courts.
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Key Terms to Know
Eminent Domain
The power of government to take private property for public use, with the requirement to pay the owner just compensation.
Option ContractA contract giving the buyer the right, but not the obligation, to purchase a property at a specified price within a specified time period.
Right of First RefusalA contractual right giving a party the opportunity to match any offer received before the owner can accept it from a third party.
Loan-to-Value Ratio (LTV)The ratio of a mortgage loan amount to the appraised value or purchase price of a property, expressed as a percentage.
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