W. Va. Code » §54-2-10. Proceedings on report; trial by jury.
West Virginia Code

W. Va. Code § 54-2-10 (2026)

Proceedings on report; trial by jury

✓ current as of May 2026
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ARTICLE 2. PROCEDURE.

§54-2-10. Proceedings on report; trial by jury.

Within ten days after the report required by the provisions of section nine of this article is returned and filed, either party may file exceptions thereto, and demand that the question of the compensation, and any damages to be paid, be ascertained by a jury, in which case a jury of twelve freeholders shall be selected and impaneled for the purpose, as juries are selected in civil actions. But no person shall sit on such jury who would not be eligible to serve as a condemnation commissioner in the proceeding. The cause shall be tried as other causes in such court, except that any person who served as a condemnation commissioner in the proceeding shall not be examined as a witness in regard to just compensation or any damages. The jury, ascertaining the damages or compensation to which the owner of the property, or interest or right therein, proposed to be taken is entitled, shall be governed by sections nine and nine-a of this article except that a view of the property proposed to be taken shall not be required: Provided, That in the event a demand therefor is made by a party in interest, the jury shall be taken to view the property, and in such case, the judge presiding at the trial shall go with the jury and shall control the proceedings: Provided, however, That the value of any leasehold on the property proposed to be taken, that must be paid by the owner thereof to his tenant or tenants, shall be admissible in evidence in any hearing before the condemnation commissioners or in the trial by jury.

If no exceptions be filed to such report, and neither party demand a trial by jury as aforesaid, the court, or the judge thereof in vacation, unless good cause be shown against it, or it be defective or erroneous on its face, shall confirm such report, and order it to be recorded in the proper order book of the court.

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1990–2024 · leading case: West Virginia Dep't of Transp., Div. of Highways v. W. Pocahontas Props., L.P., 777 S.E.2d 619 (W. Va. 2015).
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West Virginia Dep't of Transp., Div. of Highways v. W. Pocahontas Props., L.P., 777 S.E.2d 619 (W. Va. 2015). · cites it 4× “108 W.Va. Code § 54-2-10 [1967]. 48 IV. CONCLUSION The circuit court erred when it failed to give the DOH’s proposed instruction informing the jury to disregard Beacon’s profits when assessing just compensation.”
West Virginia Dept. of Transp. v. Margaret Z. Newton, 773 S.E.2d 371 (W. Va. 2015). · cites it 4× “Newton rejected the decision of the condemnation commission and demanded a jury trial as allowed by W. Va. Code § 54-2-10 (1967) (Repl. Vol. 2008).”
Loretta Lynn Gomez v. Kanawha Cnty. Comm'n, 787 S.E.2d 904 (W. Va. 2016). · cites it 2× “W.Va. Code § 54-2-10. But see W.Va. Code § 54-2-11 [1923] (allowing report to be set aside if "it be defective or erroneous on its face”).”
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 5× “§ 54-2-10 (1967). 2 By contrast, the State or any political subdivision thereof may proceed under either of two methods, neither of which requires access to and use of the subject property to be delayed until a commissioners’ report has been prepared.”
Norfolk & W. R.R. v. Sharp, 395 S.E.2d 527 (W. Va. 1990). · cites it 6× “Moreover, the circuit court found that the landowners failed to file their exceptions to the commissioners’ report or to request a jury trial within the time limits prescribed by W.Va.Code, 54-2-10 (1967); hence, the landowners waived these rights.”
SER W. Va. Dept. of Transp., Div. of Highways v. Hon. Robert A. Burnside, Jr., Judge (W. Va. 2016). · cites it 2× “See W. Va. Code § 54-2-10 (1967) (Repl. Vol 2008) (setting parameters for certain proceedings applicable after commissioners’ report has been filed); W.”
WV Dept. of Transp., Div. of Highways v. Lawrence W. Pifer & Michael E. Pifer (W. Va. 2019). · cites it 2× “See W.Va. Code 54-2-10 (“[t]he jury, ascertaining the damages or 11 compensation to which the owner of the property .”
Margaret Preston Kulkarni, Joseph Raine Preston, & Silas Mason Preston, Jr. v. The Cnty. Comm'n of Greenbrier Cnty., West Virginia (2024). “Further, West Virginia Code § 54-2-18 (1981) specifies that it is for the court to determine controversies over ownership of the property.”
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