W. Va. Code » §54-2-9. Report of commissioners.
West Virginia Code

W. Va. Code § 54-2-9 (2026)

Report of commissioners

✓ current as of May 2026
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ARTICLE 2. PROCEDURE.

§54-2-9. Report of commissioners.

The commissioners, after viewing the property, if a view is demanded, and hearing any proper evidence which is offered shall ascertain what will be a just compensation to the person entitled thereto for so much thereof as is proposed to be taken, or for the interest therein, if less than a fee, and for damage to the residue of the tract beyond all benefits to be derived, in respect to such residue, from the work to be constructed, or the purpose to which the land to be taken is to be appropriated, including, when less than the fee is taken, the actual damage, if any, done, or that may be done, to the fee by such construction, and make report to the following effect: We, the commissioners, appointed by the circuit court of ............ county, (or by the judge thereof in vacation, as the case may be) by an order made on the ........ day of ........ on the application of ............... respectfully report, that having first been duly sworn, we have viewed the real estate owned by ..............., mentioned in the said application, and are of opinion that ........ dollars will be a just compensation for so much of the said real estate as is proposed to be taken by the said applicant, that is to say: (here describe the part to be taken, and the interest therein, if less than a fee, so as to identify the same with reasonable certainty, which description may be supplemented by reference to a plat annexed to the report, or in any manner that would be sufficient in a conveyance) as well as for damages to the residue of the said real estate beyond all benefits which will be derived in respect to such residue from the work to be constructed (or from the purposes to which the part to be taken by said applicant is to be appropriated).

Given under our hands this ........ day of .............

But if the property is proposed to be taken by a company incorporated for construction of a railroad, no damages shall be ascertained for the construction of any farm crossing, fences, or cattle guards, or for keeping the same in repair. The report shall be signed by at least three of the commissioners, and forthwith returned to the clerk's office of the court, to be filed with the papers of the case.

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1990–2024 · 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 2× “W.Va. Code § 54-2-9 [1963], 82 . W.Va. Code § 54-2-13 [1981], 83 .”
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 2× “beyond all benefits to the property arising from such construction.”
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 2× “§ 54-2-9 (1963). Once the report has been submitted to the circuit court, the condemnor may gain entry to the property and put it to the use stated in the application upon payment of the amount ascertained by the commissioners, plus ten percent interest running from the filing…”
Norfolk & W. R.R. v. Sharp, 395 S.E.2d 527 (W. Va. 1990). “This procedure is prescribed in W.Va.Code, 54-2-9 (1963), which provides, in part: “The commissioners, after viewing the property, if a view is demanded, and hearing any proper evidence which is offered shall ascertain what will be a just compensation to the person entitled…”
WV Dept. of Transp., Div. of Highways v. Lawrence W. Pifer & Michael E. Pifer (W. Va. 2019). · cites it 9× “2d 408 , 412 (1967) (citing 1931 version of W.Va. Code §§ 54-2-9 and 9a)). With this background to guide us, we turn to the issues raised by DOH.”
Roman Realty, LLC v. The City of Morgantown (W. Va. 2024). · cites it 3× “4 See W. Va. Code § 54-2-9 (1933). 5 Doss, 133 W.”
WVDOT, WVDOH & Thomas J. Smith v. Victor Morton Echols, 827 S.E.2d 45 (W. Va. 2019). · cites it 2× “Code § 54-2-9 (LexisNexis 2016) (directing that the commissioners shall ascertain, among other things, the amount of just compensation for "damage to the residue of the tract beyond all benefits to be derived , in respect to such residue, from the work to be constructed"…”
West Virginia Lottery v. A-1 Amusement, Inc. (W. Va. 2017). “West Virginia Code § 54-2-9 (1963) describes the duties of the commission as follows: The commissioners, after viewing the property, if a view is demanded, and hearing any proper evidence which is offered shall ascertain what will be a just compensation to the person entitled…”
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