Rule 71.1 Eminent domain

When the government wants to take private property for public use, this is called eminent domain. This rule explains how those cases work in circuit court. The normal rules of civil procedure apply to these cases, unless state law or the constitution says something different.

If the case goes to a jury trial, the jury must have twelve people. These jurors must be freeholders, which means they own property. They also have to meet other requirements set out in West Virginia Code section 54-2-10.

This matters if your property is being taken for a public project, like a road or utility line. It means you have the right to a jury made up of property owners who decide how much your property is worth and what you should be paid for it.