Legal Opinion

West Virginia Department of Highways v. Mountain Inc.

West Virginia Supreme Court

Decided June 16, 1981No. 14883PublishedCited by 8 opinions

1Opinion of the Court

McHugh, Justice:

On June 30,1976, the West Virginia Department of Highways instituted this eminent domain proceeding to condemn certain property owned by appellant, Mountain Inc., (formerly Wheeling Properties, Inc.) in Ohio County for the purpose of constructing a portion of the highway system known as Interstate 470. The Department sought certain rights of way and easements over approximately 13.96 acres of Mountain Inc. property. The court granted the petition of the Department of Highways to condemn the property, and pursuant to W.Va. Code, 54-2-5, condemnation commissioners were appointed…

2Cases cited11 opinions

  1. State v. HuffmanWest Virginia Supreme Court · 1955
  2. Guyandot Valley R'y Co. v. BuskirkWest Virginia Supreme Court · 1905
  3. Casto v. MartinWest Virginia Supreme Court · 1976
  4. Klick v. CommonwealthCommonwealth Court of Pennsylvania · 1975
  5. Department of Transportation v. PromboAppellate Court of Illinois · 1978

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3Cited by8 opinions

  1. Board of Education v. Zando, Martin & Milstead, Inc.West Virginia Supreme Court · 1990
  2. West Virginia Division of Highways v. ButlerWest Virginia Supreme Court · 1999
  3. Miller v. GLACIER DEVELOPMENT CO., LLCSupreme Court of Kansas · 2007
  4. W. Va. Department of Highways v. BrumfieldWest Virginia Supreme Court · 1982
  5. State Ex Rel. Ward v. HillWest Virginia Supreme Court · 1997

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