W. Va. Dep’t of Transp. v. W. Pocahontas Props., LP
| Docket Number | 14-0381 |
| Decision Date | 17 June 2015 |
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18 cases
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Gomez v. Kanawha Cnty. Comm'n
...to its value, and neither being under any compulsion to buy or sell.”32 In a recent eminent domain case, West Virginia Department of Transportation v. Western Pocahontas Properties,33 we discussed the elements that enter into a determination of a property's fair market value:The challenge i......
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W. Va. Dep't of Transp. v. Echols
...the value of the land taken at the time of taking, and to damages to the residue." W. Va. Dep't of Transp., Div. of Highways v. W. Pocahontas Props., L.P ., 236 W. Va. 50, 61, 777 S.E.2d 619, 630 (2015) (internal quotations and footnote omitted). See also Buckhannon & N.R. Co. v. Great Scot......
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W. Va. Dep't of Transp., Div. of Highways v. CDS Family Trust, LLC
...is the fair market value of the property at the time of the taking." Syl. pt. 1, West Virginia Dep't of Transp., Div. of Highways v. Western Pocahontas Props., L.P. , 236 W. Va. 50, 777 S.E.2d 619 (2015), cert. denied sub nom. Beacon Res., Inc. v. W. Virginia Dep't of Transp., Div. of Highw......
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W. Va. Dep't of Transp. v. Pifer
...proceeding is the fair market value of the property at the time of the taking." Syl. Pt. 1, W.Va. Dep’t of Transp., Div. of Highways v. W. Pocahontas Props., L.P. ("WPP "), 236 W. Va. 50, 777 S.E.2d 619 (2015). Comparably, in the event of a partial taking, this Court has held:The approved a......
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1 books & journal articles
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LEGAL DEVELOPMENTS IN 2015 AFFECTING THE OIL AND GAS EXPLORATION AND PRODUCTION INDUSTRY
...a formula devised for calculating the distance water will travel in 10 hours. [263] W. Va. Code §§ 16-1-2(15); 16-1-9f (West 2015). [264] 236 W. Va. 50, 777 S.E.2d 619 (2015). [265] Id. at 640-41. [266] Id. at 633. [267] Id. at 630. [268] Id. at 634. [269] Id. [270] Id. [271] Id. at 641. [2......