Loretta Lynn Gomez v. Kanawha County Commission

Chief Justice Ketehum:

Condemnation actions are sui generis, unique and peculiar, when considered against other civil actions. The West Virginia Constitution provides that, when land is taken or damaged for a public use, just compensation shall, “when required by either of the parties ... be ascertained by an impartial jmy of twelve freeholders.” 1 In this appeal from the Circuit Court of Kanawha County, we are asked to examine a circuit court’s entry of summary judgment against a landowner in a condemnation proceeding.

As we discuss below, the parties and the circuit comí; acknowledged that…