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HB4590 • 2026

Awarding attorneys fees to prevailing party in eminent domain proceeding

Awarding attorneys fees to prevailing party in eminent domain proceeding

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Heckert, Fehrenbacher , Howell, G. , Browning , Adkins , Stephens , Green , Ward, G.
Last action
2026-01-20
Official status
H To House Judiciary 01/20/26
Effective date
Not listed

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Bill History

  1. 2026-01-20 H

    To House Judiciary

  2. 2026-01-20 H

    Introduced in House

  3. 2026-01-20 H

    To Judiciary

  4. 2026-01-20 H

    Filed for introduction

Official Summary Text

Awarding attorneys fees to prevailing party in eminent domain proceeding

Current Bill Text

Read the full stored bill text
HB 4590 Text

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Introduced Version

House Bill 4590 History

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Key:
Green
= existing Code.
Red
= new code to be enacted

WEST VIRGINIA LEGISLATURE
2026 REGULAR SESSION
Introduced
House Bill 4590
By Delegates Heckert, Adkins, Browning, Fehrenbacher, Green, G. Howell, Stephens, and G. Ward
[Introduced January 20, 2026; referred to the Committee on the Judiciary]
A BILL to amend and reenact §54-2-16a of the Code of West Virginia, 1931, as amended, relating to awarding attorney's fees to prevailing party in eminent domain proceedings.
Be it enacted by the Legislature of West Virginia:

ARTICLE 2. PROCEDURE.

§54-2-16a. Liability for costs
and attorney's fees
generally.

(a)
Except as otherwise specially provided, all costs of a condemnation proceeding in
the

a
trial court shall be paid by the applicant.

(b)
In every condemnation proceeding in an appellate court, costs shall be recovered in such court by the party substantially prevailing.
(c) In every condemnation proceeding in a trial court, or an appellate court, a private property owner that substantially prevails in such a proceeding may be awarded reasonable costs and attorney’s fees.

NOTE: The purpose of this bill is to permit a prevailing private property owner in an eminent domain proceeding to recover reasonable costs and attorney's fees.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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