State Ex Rel. Henson v. West Virginia Department of Transportation

(Filed July 17, 1998)

I disagree with the majority’s opinion that the Hensons failed to meet the requirements necessary for a writ of mandamus to be issued. The majority is correct in reiterating that the appropriate recourse for property owners, whose property is damaged by the Department of Transportation (“DOT”), is to compel eminent domain proceedings by filing a petition for a writ of mandamus against the DOT.1

The majority opinion rests on the-Hensons’ failure to introduce evidence to “establish a set of facts that show that the appellee has taken or damaged their property....” 203 W.Va.…