West Virginia House Bill HB4780

West Virginia 2026 Regular Session

• Introduced: 1/23/26
• Refer: 1/23/26

Caption

Private or government, to pay an additional fee during eminent domain proceedings

Summary

House Bill 4780 would create a new section of West Virginia law governing eminent domain proceedings. When a court enters an order setting the value to be paid to a landowner for property taken through eminent domain, the condemning entity—whether private or governmental—would be required to pay an additional fee equal to 15% of that court-ordered value to the county or counties where the property is located. The bill specifies that this fee is separate from, and does not reduce, the compensation paid to the landowner. Counties receiving the fee would be limited to using the money only for acquiring additional public forests, parks, recreation facilities, and related improvements. In effect, the bill adds a county-level surcharge to eminent domain takings and dedicates the revenue to conservation and recreation purposes.

Impact

HB4780 would amend West Virginia’s eminent domain procedures by imposing a new mandatory 15% fee on the value awarded in condemnation cases. This would increase the cost of taking property for both public and private entities and create a new revenue stream for counties. The bill would also establish a statutory restriction on how counties may spend those funds, limiting them to land acquisition and improvements for public forests, parks, and recreation facilities.

Sentiment

The available bill text suggests a generally pro-county and pro-conservation purpose, with the stated aim of helping counties expand public green space and recreation assets. Because there are no committee transcripts or recorded votes provided, there is no documented public debate or formal legislative sentiment to assess beyond the bill’s stated intent. The measure appears framed as a funding mechanism rather than a broad policy overhaul.

Contention

The main point of contention likely concerns the added financial burden on condemning entities, including both private and government actors, since the bill requires an extra 15% payment on top of the landowner compensation and other costs. Property owners may view the measure as neutral or beneficial because it does not reduce their award, while counties may support it as a dedicated funding source for parks and forests. Potential opposition could come from utilities, infrastructure developers, and public agencies that use eminent domain and would bear the added cost.