Land Use & Zoning
Under West Virginia law, eminent domain allows the government to take private property for public use. The property owner is entitled to:
ANo compensation if the taking is for public benefit
BJust compensation equal to fair market value✓ Correct
CReplacement cost of all improvements
DDouble the assessed value of the property
Explanation
The Fifth Amendment (applied to states through the Fourteenth Amendment) requires just compensation when the government takes private property through eminent domain. Just compensation is generally the property's fair market value.
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