House 4590

WEST VIRGINIA LEGISLATURE

2026 REGULAR SESSION

Introduced

House Bill 4590

By Delegates Heckert, Fehrenbacher, G. Howell, Browning, Adkins, Stephens, and Green

[Introduced January 20, 2026; referred to the Committee on the Judiciary]

A BILL to amend and reenact §54-2-16a of the Code of West Virginia, 1931, as amended, relating to awarding attorney's fees to prevailing party in eminent domain proceedings.

Be it enacted by the Legislature of West Virginia:

ARTICLE 2. PROCEDURE.

§54-2-16a. Liability for costs and attorney's fees generally.

(a) Except as otherwise specially provided, all costs of a condemnation proceeding in the a trial court shall be paid by the applicant.

(b) In every condemnation proceeding in an appellate court, costs shall be recovered in such court by the party substantially prevailing.

(c) In every condemnation proceeding in a trial court, or an appellate court, a private property owner that substantially prevails in such a proceeding may be awarded reasonable costs and attorney’s fees.

NOTE: The purpose of this bill is to permit a prevailing private property owner in an eminent domain proceeding to recover reasonable costs and attorney's fees.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.