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Public hearing held on eminent domain

By Staff | Nov 21, 2012

During a special eminent domain meeting Nov. 15, the Tyler County Commission made a motion for the development authority to proceed forward with the next steps in acquiring a parcel of land.

The .063 acre of land, owned by Richard and Naresa Cunningham, is wanted in order to construct the Bens Run Industrial Park Access Road which would provide a second entry into the park.

It was the Cunningham’s who suggested using the process of eminent domain to obtain the land.

“My intent is to help the development authority provide jobs and do the best that they can,” said Naresa. “I’m in total agreement. I wouldn’t do anything to impede any progress in this county.”

The meeting was held to allow the public to voice concerns or ask questions about the process.

According to Eric Peters, executive director of the Tyler County Development Authority, the next step in the process is circuit court. A request will be made to be put on the docket to petition for a condemnation order. If the judge chooses, he can immediately write a grant right of access. Once the right of access is obtained, the West Virginia Division of Highways can advertise for construction bids.

After the road is constructed, it will become a state road and any maintenance will be the responsibility of the West Virginia Division of Highways.

The funding for the access road is provided by the West Virginia Division of Highways which was first approved by the West Virginia Development Office. The development authority paid for the relocation of utilities which was not covered in the grant. The project will not use any money from the general county fund.

Peters believes a second access road will provide opportunities for employment and private investments.