W. Va. Code §§ 37-6-1 to 37-6-31 § 37-6-29
Land taken by eminent domain; termination or reduction of rent.
Operative Text
Whenever the whole of any tract of land which is under lease is taken under the power of eminent domain, the liability of any tenant of such land to pay rent thereon shall terminate unless the lease expressly provide otherwise. If any part of a tract of land which is under lease, or any easement or other interest in such land, is taken under the power of eminent domain, the rent of any tenant of the land shall, unless the lease expressly provide otherwise, be reduced in the proportion which the value of the land or interest taken bears, at the time of such taking, to the total value of the land upon which rent was payable, under the lease. The foregoing provisions shall not affect nor impair any right which a tenant of land may have to compensation from the person exercising the right of eminent domain, for the value of his lease, or other property upon the leased premises belonging to him or in which he may have an interest, if such value shall exceed the amount of the rent from the payment of which he is relieved by virtue of the provisions of this section.
West Virginia Code § 37-6-29 addresses what happens to a tenant's rent obligation when leased land is seized through eminent domain. If the government or another authorized entity takes the entire leased tract, the tenant's duty to pay rent ends automatically, unless the lease itself says otherwise. When only a portion of the land — or an easement or other interest in it — is taken, the rent is reduced proportionally based on the value of what was taken relative to the total value of the leased land, again unless the lease provides differently. Separately, this rule does not prevent a tenant from seeking compensation from the condemning authority for the value of the lease or any property the tenant owns on the premises.
Plain English — not legal advice.
Under West Virginia Code § 37-6-29, landlords should be aware that an eminent domain taking of leased property can automatically alter or extinguish a tenant's rent obligation by operation of law. Operators who wish to address these outcomes differently — for example, by preserving rent obligations or specifying how partial takings are handled — generally include express provisions in the lease to that effect, since the statute defers to lease language. Landlords also typically track the proportional value of any partial taking at the time it occurs, as that valuation directly determines the allowable rent reduction under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
West Virginia Code § 37-6-29 provides tenants with meaningful protections when leased land is condemned. If the entire leased property is taken, a tenant's rent liability generally terminates unless the lease expressly states otherwise; if only part of the land or an interest in it is taken, the rent is generally reduced in proportion to the value of what was seized. Tenants may also have a separate right to seek compensation directly from the condemning authority for the value of their lease or personal property on the premises — tenant-rights organizations or legal aid services can help explain how this provision may apply to a given situation.
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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