W. Va. Code » §54-3-1. Definitions.
West Virginia Code

W. Va. Code § 54-3-1 (2026)

Definitions

✓ current as of May 2026
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CHAPTER 54. EMINENT DOMAIN.

Article 2
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ARTICLE 3. IMPLEMENTATION OF UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 AND THE 1987 AMENDMENTS THERETO KNOWN AS TITLE IV OF THE SURFACE TRANSPORTATION AND UNIFORM RELOCATION ASSISTANCE ACT OF 1987.

§54-3-1. Definitions.

As used in this article, the term:

(1) "Federal act" means the "Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970", being Public Law 91-646, enacted by the ninety-first Congress of the United States of America, and the 1987 amendments thereto known as Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 being Public Law 100-17 enacted by the One Hundredth Congress of the United States of America.

(2) "Acquiring agency" means the State of West Virginia or any department, agency or instrumentality thereof, or any county, municipality or other political subdivision thereof or any department, agency or instrumentality of two or more states or of two or more political subdivisions of a state or states, and any person carrying out a program or project with federal financial assistance which causes a person to be a displaced person within the intent and meaning of the federal act.

(3) "Person" means any individual, partnership, association or corporation.

Notes of Decisions
Cited in 7 cases, 1990–2019 · leading case: State Ex Rel. State Dep't of Transp., Div. of Highways v. Cookman, 639 S.E.2d 693 (W. Va. 2006).
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State Ex Rel. State Dep't of Transp., Div. of Highways v. Cookman, 639 S.E.2d 693 (W. Va. 2006). · cites it 4× “" W. Va.Code § 54-3-1(2) (1990) (Repl.Vol.2000).”
West Virginia Dep't of Transp., Div. of Highways v. Newton, 797 S.E.2d 592 (W. Va. 2017). · cites it 2× “As we explained: The Property Acquisition Act applies to federal and federally assisted road construction projects. As a condition of receiving federal assistance for a project resulting in the acquisition of real property, a State agency must agree to comply with the terms of…”
West Virginia Dep't of Transp. v. Dodson Mobile Homes Sales & Servs., Inc., 624 S.E.2d 468 (W. Va. 2005). · cites it 2× “§ 4655 ; W.Va.Code §§ 54-3-1 to -5 (Repl.Vol.2000) (implementing the federal Act).”
State ex rel. West Virginia Dep't of Transp. v. Reed, 724 S.E.2d 320 (W. Va. 2012). · cites it 6× “Rather than creating an impediment to the application of the Federal Relocation Act, the State Legislature implemented the Federal Relocation Act through enactment of W. Va. Code § 54-3-1 et seq. 11 The implementation of the Federal Relocation Act is provided for specifically in…”
WVDOT, WVDOH & Thomas J. Smith v. Victor Morton Echols, 827 S.E.2d 45 (W. Va. 2019). · cites it 6× “§ 4655 ; W. Va. Code §§ 54-3-1 to - 5 (Repl. Vol. 2000) (implementing the federal Act).”
State Ex Rel. West Virginia Dept. of Trans. v. Reed, 724 S.E.2d 320 (W. Va. 2012). · cites it 6× “Rather than creating an impediment to the application of the Federal Relocation Act, the State Legislature implemented the Federal Relocation Act through enactment of W. Va. Code § 54-3-1 et seq. [11] The implementation of the Federal Relocation Act is provided for specifically…”
Citizens Nat'l Bank of St. Albans v. Dunnaway, 400 S.E.2d 888 (W. Va. 1990). “cond list of delinquent lands, which shall include all real estate in his county remaining delinquent as of September first, together with a notice of sale, in form or effect as follows: [Form omitted] The sheriff shall publish the list and notice prior to the sale date fixed in…”
W. Va. Code § 54-3-1(2): 3 cases
State Ex Rel. State Dep't of Transp., Div. of Highways v. Cookman, 639 S.E.2d 693 (W. Va. 2006). “" W. Va.Code § 54-3-1(2) (1990) (Repl.Vol.2000).”
State ex rel. West Virginia Dep't of Transp. v. Reed, 724 S.E.2d 320 (W. Va. 2012). “Rather than creating an impediment to the application of the Federal Relocation Act, the State Legislature implemented the Federal Relocation Act through enactment of W. Va. Code § 54-3-1 et seq. 11 The implementation of the Federal Relocation Act is provided for specifically in…”
State Ex Rel. West Virginia Dept. of Trans. v. Reed, 724 S.E.2d 320 (W. Va. 2012). “Rather than creating an impediment to the application of the Federal Relocation Act, the State Legislature implemented the Federal Relocation Act through enactment of W. Va. Code § 54-3-1 et seq. [11] The implementation of the Federal Relocation Act is provided for specifically…”
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