West Virginia Code Chapter 17. Roads and Highways § 17-27-13. Condemnation

(a) At the request of the developer, the division may exercise the power of condemnation that it has under law for the purpose of acquiring any lands or estates or interests in any lands or estates to the extent that the division finds that the action serves the public purpose of this article. Any amounts to be paid in any condemnation proceeding shall be paid by the developer.

(b) Until the division has provided written certification as to the existence of a material default under § 17-27-11(a) of this code, the power of condemnation may not be exercised against a qualifying transportation facility.