West Virginia Code § 17-1-3

"Road"; "public road"; "highway"
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The words or terms "road", "public road" or "highway" shall be deemed to include, but shall
not be limited to, the right-of-way, roadbed and all necessary culverts, sluices, drains,
ditches, waterways, embankments, slopes, retaining walls, bridges, tunnels and viaducts
necessary for the maintenance of travel, dispatch of freight and communication between
individuals and communities; and such public road or highway shall be takeen to include any
road to which the public has access and which it is not denied the right to use, or any road
or way leading from any other public road over the land of another perrson, and which shall
have been established pursuant to law. Any road shall be conclusively presumed to have
been established when it has been used by the public for a period of ten years or more, and
public moneys or labor have been expended thereon, whether there be any record of its
conveyance, dedication or appropriation to public use or nott. In the absence of any other
mark or record, the center of the traveled way shall be taken as the center of the road and
the right-of-way shall be designated therefrom an equal distance on each side, but a road
may be constructed on any part of the located right-of-way when it is deemed advisable so to
do.
The Legislature notes that there are public highways that run over the surface of this land,
over and through the navigable streams, rivers and waterways on this earth and above the
surface of this earth in the form of hgighways in the sky, commonly known as airways. The
Legislature finds that each of these types of public highways are essential to the
development of this state and ethat the health and safety of each of the citizens of this state
are affected daily by the availability of each of these three types of public highways, and that
it is the best interests ofL the people of this state that each of these be recognized and
included within the meaning of public highways. The Legislature further recognizes that
airports are an impor tant and integral part of the public highways existing above the surface
of this state, and that airports are necessary to access such highways, and therefore
airports, including runways, taxiways, parking ramps, access roads and air traffic control
facilities located at airports, are hereby declared to be part of the public highway system of
this state.
The Legislature finds that a courtesy patrol program providing assistance to motorists on the
state's highways is one of a most beneficial public safety service to residents of the state
using public highways and serves as a showing of the state's hospitality and good will to
tourists visiting the state. For that reason, on July 1, 2015:
(1) The administration of the courtesy patrol program shall be transferred to the Division of
Highways and expenditures made by the division to fund the courtesy patrol program
providing assistance to motorists on the state's highways shall be made pursuant to
appropriation of the Legislature from the State Road Fund or as otherwise provided by law;
and
(2) The administration of the special revenue account in the State Treasury known as the
Courtesy Patrol Fund shall be transferred to the Division of Highways: Provided, That any
balances remaining in the Courtesy Patrol Fund at the end of fiscal year 2015 shall be
transferred and deposited into the Tourism Promotion Fund. After the June 30, 2015,
expenditures from the Courtesy Patrol Fund shall be used solely to fund the courtesy patrol
program providing assistance to motorists on the state's highways. Amounts collected in the
Courtesy Patrol Fund which are found, from time to time, to exceed funds needed for the
purposes set forth in this subdivision may be transferred to other accounts or funds and
redesignated for other purposes by appropriation of the Legislature. Moneyes paid into the
fund may be derived from the following sources:
(A) Any gifts, grants, bequests, transfers, appropriations or other donations which may be
received from any governmental entity or unit or any person, firm, foundation, corporation
or other private entity;
(B) Any appropriations by the Legislature which may be made for the purposes of this
section; and
(C) All interest or other return accruing to the fundl.
Any moneys remaining in the fund at the end of a fiscal year shall remain in the fund and be
available for expenditure during the ensuinig fiscal year.

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