West Virginia Code § 17-16A-7

Parkways authority's incidental powers
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The parkways authority shall have authority to construct grade separations at intersections
of any project with public roads and state highways and to change and adjust the lines and
grades of such roads and highways so as to accommodate the same to the design of such
grade separation. The cost of such grade separations and any damage incurred in changing
and adjusting the lines and grades of such roads and highways shall be asceertained and paid
by the parkways authority as a part of the cost of such project.
If the parkways authority shall find it necessary to change the location of any portion of any
public road or state highway, it shall cause the same to be reconustructed at such location as
the parkways authority shall deem most favorable and of substantially the same type and in
as good condition as the original road or highway. The cost otf such reconstruction and any
damage incurred in changing the location of any such road or highway shall be ascertained
and paid by the parkways authority as a part of the cost of such project.
Upon the request of the parkways authority, the colmmissioner of the state department of
highways shall relocate or discontinue any roasd or highway over which he has authority and
control which is affected by the construction of any project.
In addition to the foregoing powersg, the parkways authority and its authorized agents and
employees may enter upon any lands, waters and premises in the state for the purpose of
making surveys, soundings, drillings and examinations as it may deem necessary or
convenient for the purposes of this article, and such entry shall not be deemed a trespass,
nor shall an entry for such purposes be deemed an entry under any condemnation
proceedings which may be then pending. The parkways authority shall make reimbursement
for any actual damages resulting to such lands, waters and premises as a result of such
activities.
The state of West Virginia hereby consents to the use of all lands owned by it, including
landWs lying under water, which are deemed by the parkways authority to be necessary for
the construction or operation of any project.

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