(a) Scope of rule. – Eminent domain proceedings in the circuit courts are governed by these rules of civil procedure to the extent they do not conflict with the constitution or statutes of this State.
Rule 71.1.Eminent domain
Current through January 1, 2025 · Last verified July 8, 2026
In one sentenceRule 71.1 applies the ordinary rules of civil procedure to eminent domain proceedings in circuit court, except where they conflict with the state constitution or statutes, and requires a twelve-person freeholder jury -- twice the size of an ordinary civil jury -- meeting the statutory qualifications for condemnation cases.
Full Text of Rule 71.1
(b) Jury trials. – A jury in an eminent domain proceeding in circuit court shall consist of twelve freeholders who shall meet the requirements of W. Va. Code §54-2-10.
Amendment History
The current West Virginia Rules of Civil Procedure took effect January 1, 2025, as part of a rewrite that modernized the rules’ numbering and structure. West Virginia does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own January 1, 2025 update; for the underlying adopting order and any later amendments, see the West Virginia Judiciary’s compiled rules page.
Plain-English Summary
Condemning private property for public use follows its own constitutional and statutory framework, but Rule 71.1 folds the procedural mechanics into these ordinary civil rules — to the extent they don't conflict with West Virginia's constitution or statutes governing eminent domain.
One difference stands out from ordinary civil practice: while Rule 47 sets a standard civil jury at six, an eminent domain jury in circuit court has to be twelve freeholders who meet the qualifications set out in West Virginia Code § 54-2-10 — doubling the usual jury size for the distinct question of what compensation a property owner is owed.
Frequently Asked Questions
Do the ordinary rules of civil procedure apply to eminent domain cases?
Yes, to the extent they don't conflict with the West Virginia constitution or statutes governing eminent domain.
How big is the jury in an eminent domain case?
Twelve freeholders meeting the qualifications in West Virginia Code § 54-2-10 — double the standard six-person civil jury.
Source & verification. The rule text is reproduced verbatim from the
official West Virginia Rules of Civil Procedure (W. Va. R. Civ. P. 71.1). Prescribed by the Supreme Court of Appeals of West Virginia (W. Va. Const. art. VIII, § 3). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
Also known as: eminent domain jurycondemnation proceedings West Virginiatwelve person jury