W. Va. Code §§ 24D-2-1 to 24D-2-10 § 24D-2-8
Application for just compensation.
Operative Text
(a) If the landlord and cable operator have not reached agreement on the amount of just compensation, a landlord may file with the commission an application for just compensation within four months following the service by the cable operator of the notice described in section eight of this article, or within four months following the completion of the installation of the cable television facilities, whichever is later. (b) An application for just compensation shall set forth specific facts relevant to the determination of just compensation. Such facts should include, but need not be limited to, a showing of: (1) The location and amount of space occupied by the installation; (2) The previous use of such space; (3) The value of the applicant's property before the installation of cable television facilities and the value of the applicant's property subsequent to the installation of cable television facilities; and (4) The method or methods used to determine such values. The commission may, upon good cause shown, permit the filing of supplemental information at any time prior to final determination by the commission. (c) A copy of the application filed by the landlord for just compensation shall be served upon the cable operator making the installation and upon either the mayor or county commission of the municipality or county, respectively, in which the real property is located when the municipality or county is the franchise authority. (d) Responses to the application, if any, shall be served on all parties and on the commission within twenty days from the service of the application. (e)(1) The commission shall within sixty days of the receipt of the application, make a preliminary finding of the amount of just compensation for the installation of cable television facilities. (2) Either party may, within twenty days from the release date of the preliminary finding by the commission setting the amount of just compensation, file a written request for a hearing. Upon timely receipt of such request, the commission shall conduct a hearing on the issue of compensation. (3) In determining just compensation, the commission may consider evidence introduced including, but not limited to, the following: (A) Evidence that a landlord has a specific alternative use for the space occupied or to be occupied by cable television facilities, the loss of which will result in a monetary loss to the owner; (B) Evidence that installation of cable facilities upon such multiple dwelling premises will otherwise substantially interfere with the use and occupancy of such premises to the extent which causes a decrease in the resale or rental value; or (C) Evidence of increase in the value of the property occurring by reason of the installation of the cable television facilities. (4) For purposes of this article, the commission shall presume that a landlord has received just compensation from a cable operator for the installation within a multiple dwelling premises if the landlord receives compensation in the amount of $1 for each dwelling unit within the multiple dwelling premises or $100 for the entire multiple dwelling premises, whichever amount is more. (5) If, after the filing of an application, the cable operator and the applicant agree upon the amount of just compensation, a hearing shall not be held on the issue. (6) Within thirty days of the date of the notice of the decision of the commission, either party may appeal the decision of the commission in the circuit court of Kanawha County regarding the amount awarded as compensation.
West Virginia Code § 24D-2-8 establishes a formal process by which a landlord can seek just compensation from a cable operator when the two parties cannot agree on payment for installing cable television facilities on the landlord's property. A landlord has up to four months—from either the cable operator's notice or the completion of installation, whichever is later—to file an application with the state commission detailing the property's value before and after installation, the space used, and the methods for valuing that space. The commission issues a preliminary finding within sixty days, either party may request a hearing, and if still unresolved, the decision can be appealed to the circuit court of Kanawha County. A statutory presumption exists that compensation of $1 per dwelling unit or $100 for the entire premises, whichever is greater, satisfies the just-compensation standard.
Plain English — not legal advice.
Under § 24D-2-8, property owners who cannot reach a private agreement with a cable operator over installation compensation have a defined administrative remedy available through the commission. A compliant operator of a multiple dwelling generally documents the property's pre- and post-installation values, the specific location and square footage of space occupied, and the valuation methods used, then files a complete application within the four-month window. Landlords also ensure that a copy of the application is served on the cable operator and on the relevant municipal or county franchise authority, and they monitor the twenty-day response and hearing-request deadlines to preserve their rights throughout the process.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 24D-2-8 is primarily a procedural protection for property owners, but it has indirect relevance to tenants living in multiple dwelling premises because it governs whether and how a landlord is compensated for cable infrastructure that supports tenant access to cable services. Tenants in buildings where a compensation dispute is pending may find it useful to understand that the commission's process—including the presumption of adequate compensation at $1 per unit or $100 for the whole premises—is designed to resolve these disputes without disrupting cable access. Tenants who believe a landlord's compensation dispute is affecting their cable service can seek information from tenant-rights organizations or contact the commission directly to understand the status of any pending application under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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