State of WV ex rel. WVDOT, WVDOH v. Hon. Susan B. Tucker

WALKER, Chief Justice:

*536 The West Virginia Department of Transportation, Division of Highways (DOH) filed petitions in the Circuit Court of Monongalia County to condemn private property for use in expansion of a highly-trafficked road and moved for immediate right of entry and transfer of defeasible title. Although all parties agreed that the condemnation was for a public use, the circuit court held the motion in abeyance in lieu of denial and directed the DOH to go back to its engineers for additional consideration of perceived traffic safety issues and alternative plans so as to minimize the…