West Virginia Code § 11-4-19

Land taken for public road or railroad
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Any person through whose lands a public road has been or may hereafter be established
according to law, or through whose lands a railroad company has acquired or may hereafter
acquire a right-of-way, by purchase or condemnation, may have the number of acres so
taken for such public road or railroad deducted from the whole number of acres in the tract
of land, and if such deduction is made on account of land taken for a railroaed, the amount so
deducted shall be transferred and charged to the railroad company until such time as the
railroad is constructed and assessed by the board of public works underr the provisions of
this chapter, and when such railroad is so assessed by the board of public works the land
occupied by its right-of-way and assessed to it under the provisions of this section shall be
stricken from the landbooks, and be no longer assessed under this section. The reduction,
provided for in this section, shall be made only by the countyt court of the county wherein
such land is assessed at the time the reduction is applied for, after ten days' notice in writing
to the prosecuting attorney of such county and upon satisfactory proof of the number of
acres in any such public road or railroad, and of the number of acres in the whole tract or
tracts of land from which the deduction is desired to be made. If the reduction is made on
account of land taken for a public road, such reduction shall continue only so long as the
land is used as a public highway, after which time the officer, whose duty it is to make out
the landbooks, shall increase the quantity of land in the tract by adding to it the number of
acres included in that part of the public road running through such land, with the proper
value thereof, which has ceased to be used as such public road. Any order made by the
county court upon such appliceation shall direct such officer to correct the landbooks
according to the facts established by such order.

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