West Virginia Board of Regents v. Fairmont Morgantown Pittsburgh Railroad

Neely, Justice:

This appeal arises from an eminent domain proceeding instituted by the West Virginia Board of Regents to condemn an aerial easement and certain surface rights-of-way owned by appellant railroads for construction of a personal rapid transit system to serve West Virginia University. At trial, the court instructed the jury to return a verdict for the railroads of one dollar and judgment was entered for that nominal award. The railroads appeal on the grounds that the lower court failed to determine appellee’s power to condemn railroad property for construction and operation of the…