§5D-1-5b. Public hearing before final consideration of bond issue or exercise of right of eminent domain


Published: 2015

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WEST VIRGINIA CODE











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WVC 5D-1-5b

§5D-1-5b. Public hearing before final consideration of bond issue

or exercise of right of eminent domain.

(a) Prior to any final decision of the board to take action

with respect to the issuance of revenue bonds or to authorize the

exercise of the right of eminent domain with respect to any

electric power or natural gas transmission project, the authority

shall:

(1) Prepare and reduce to writing the nature of the proposed

project, a summary of the data supporting the board's

determination and a description and location identification of the

proposed real property, right of way, or easement to be acquired.

The written statement under this section and the environmental

impact statement or assessment required pursuant to section five of

this article shall be available for public inspection at the office

of the county clerk at the county courthouse of each county in

which the project is located during the two successive weeks before

the date of the public hearing required by this section;

(2) Provide for a public hearing to be held at a reasonable

time and place within at least one county in which the project is

located to allow interested members of the public to attend the

hearing without undue hardship. Members of the public may be

present, submit statements and testimony and question the

authority's representative appointed pursuant to this section;

(3) Not less than thirty days prior to such public hearing,

provide notice to all members of the Legislature, unless otherwise notified by a member that such member does not desire such notice,

to the county commission of each county within which the project is

located and to the municipal council of each municipality in said

county;

(4) Cause to be published a notice of the required public

hearing. The notice shall be published as a Class II legal

advertisement in compliance with the provisions of article three,

chapter fifty-nine of this code and the publication area shall be

each county in which the project is located. The public hearing

shall be held no earlier than the fourteenth successive day and no

later than the twenty-first successive day following the first

publication of the notice. The notice shall contain the time and

place of the public hearing along with a brief description of the

project and its proposed location;

(5) Cause a copy of the required notice to be posted at the

county seat of each county within which the project is located for

members of the public to observe. Such notice shall remain posted

for two successive weeks prior to the date of the public hearing;

(6) Appoint a representative of the authority who shall

conduct the required public hearing. The representative of the

authority shall make a report of the public hearing available for

inspection by the public or, upon written request of any interested

person, provide a written copy thereof and to all individuals

previously receiving written notice of the hearing within thirty

days following the public hearing; and

(7) The representative of the authority conducting the public

hearing shall make the results of the hearing available to the

board for its consideration prior to the board making decisions

regarding the proposed project.

(b) No final action of the board with respect to the issuance

of revenue bonds or authorizing the exercise of the right of

eminent domain with respect to a proposed project may be made

before the thirtieth successive day following the public hearing

required by this section, but in no event shall final action of the

board be made prior to fifteen days after the report of the public

hearings are made available to the public in general.





Note: WV Code updated with legislation passed through the 2015 Regular Session

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