§54-2-11a. Waiver of findings by commissioners.
127 words·~1 min read·
/wv/chapter-54-eminent-domain/article-2-procedure/54-2-11a·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
If at any time prior to the appointment of condemnation commissioners, or in the event condemnation commissioners have been appointed, if at any time prior to the making of a report by the condemnation commissioners pursuant to the provisions of section nine of this article, all of the parties who have appeared in the proceeding agree to waive the findings of the condemnation commissioners and file a stipulation to this effect with the clerk of the court, the question of the compensation and any damages to be paid shall be ascertained by a jury in the manner provided by section ten of this article and a hearing before the condemnation commissioners shall not be necessary.
Any such stipulation shall be filed with the papers of this proceeding.