State ex rel. W. Va. Dep’t of Transp. v. Hon. Robert A. Burnside (Signed Opinion)
Annotate this CaseThe Division of Highways (DOH) of the West Virginia Department of Transportation acquired a portion of commercial property owned by MCNB Bank and Trust Company to facilitate construction of a new highway and tendered $417,100 to MCNB. The DOH applied to the circuit court to condemn the parcel and determine the compensation due MCNB. The circuit court ordered the DOH to deposit a total of $1,012,500 to gain defeasible title and right of entry to the property. The DOH filed this petition for extraordinary relief seeking to prohibit enforcement of the circuit court’s order insofar as it required the DOH to deposit funds in excess of its estimate and tender of $417,100. The Supreme Court granted the requested writ of prohibition, holding that the DOH was entitled to acquire the right and title to the property upon its deposit of the lesser sum of $417,100.
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