W. Va. Code » §54-2-1. Jurisdiction.
West Virginia Code

W. Va. Code § 54-2-1 (2026)

Jurisdiction

✓ current as of May 2026
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ARTICLE 2. PROCEDURE.

§54-2-1. Jurisdiction.

In any case in which property may lawfully be taken for a public use, application may be made by petition to the circuit court or the judge thereof in vacation, of the county in which the estate is situated, to appoint commissioners to ascertain a just compensation to the owners of the estate proposed to be taken. If a tract lies partly in one county and partly in another, the application in relation thereto may be made in either county.

Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1979–2024 · leading case: Loretta Lynn Gomez v. Kanawha Cnty. Comm'n, 787 S.E.2d 904 (W. Va. 2016).
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Loretta Lynn Gomez v. Kanawha Cnty. Comm'n, 787 S.E.2d 904 (W. Va. 2016). · cites it 4× “use, without just compensation; nor shall the same be taken by any company, incorporated for the purposes of internal improvement, until just compensation shall have been paid, or secured to be paid, to the owner; and when private property shall be taken, or damaged for public…”
Handley v. Cook, 252 S.E.2d 147 (W. Va. 1979). · cites it 3× “Cook, Judge of the Circuit Court of Boone County, lacks jurisdiction to entertain APC's Application to Condemn petitioners' lands because APC failed to obtain a certificate of public convenience and necessity, W.Va.Code, § 54-2-1(a); and that a rule issue requiring said…”
SER W. Va. Dept. of Transp., Div. of Highways v. Hon. Robert A. Burnside, Jr., Judge, 790 S.E.2d 265 (W. Va. 2016). · cites it 4× “See W. Va. Code § 54-2-1 (1882). Upon satisfying itself that the proposed taking is for a public use and not otherwise prohibited, the circuit court proceeds to appoint disinterested freeholders as commissioners to determine just compensation and any related damages to be paid…”
Norfolk & W. R.R. v. Sharp, 395 S.E.2d 527 (W. Va. 1990). “Condemnation proceedings are invoked by using the procedure set forth in W.Va.Code, 54-2-1 (1923): "In any case in which property may lawfully be taken for a public use, application may be made by petition to the circuit court or the judge thereof in vacation, of the county in…”
Foster v. Columbia Gas Transmission Corp., 131 F. Supp. 2d 822 (N.D.W. Va. 2000). · cites it 2× “In Count I, she claims that Columbia deprived her of her constitutional right to just compensation for the taking of her property by the failure of Columbia and the Circuit Court of Lewis County, West Virginia to comply with the procedures set forth in W.Va. Code §§ 54-2-1…”
Lynch v. West Virginia, 805 F. Supp. 12 (S.D.W. Va 1992). · cites it 2× “See W.Va.Code §§ 54-2-1 to 21. Therefore the Eleventh Amendment applies and all counts against the State of West Virginia are dismissed.”
West Virginia Lottery v. A-1 Amusement, Inc., 807 S.E.2d 760 (2017). · cites it 4× “The majority opinion not only agreed with the circuit court, but it went where no judicial opinion of this Court has ever gone in the history of this State! That is, the majority of the Court has now ruled that all claims against the State for injury to personal property…”
West Virginia Lottery v. A-1 Amusement, Inc., No. 16-1047 (W. Va. Nov. 13, 2017). · cites it 6× “Relevant to this case, the Legislature enacted W. Va. Code § 54-2-1 et seq. to govern the taking of private property by the State.”
Roman Realty, LLC v. The City of Morgantown, No. 22-587 (W. Va. June 11, 2024). · cites it 2× “4 See W. Va. Code § 54-2-1 . 12 inconsistent to apply the eminent domain statutory process premised on the City’s lawful presence in the context of a tort action that, definitionally requires proof that the City does not have a right to be on the property as a matter of law.”
W. Va. Code § 54-2-1(a): 1 case
Handley v. Cook, 252 S.E.2d 147 (W. Va. 1979). “Cook, Judge of the Circuit Court of Boone County, lacks jurisdiction to entertain APC's Application to Condemn petitioners' lands because APC failed to obtain a certificate of public convenience and necessity, W.Va.Code, § 54-2-1(a); and that a rule issue requiring said…”
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