West Virginia Code § 17-16F-10

Construction and operation of facilities by private enterprise; leasing of
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facilities by division.
(a) The division shall foster and encourage the participation of private enterprise in the
development of railroad, waterway, transit, and airway facilities to the fullest extent it deems
practicable in the interest of limiting the necessity of construction and operation of such
facilities by the division. In this respect, the division shall advertise and soliecit for the
construction, operation, maintenance, or a combination thereof for any facility included in
the development plan in accordance to plans, specifications, policies, orr guidance prepared
by the division.
(b) When the division considers it advisable and practicable, it may include certain facilities
in the development plan to be installed by private enterpriset and leased back to the division
on an installment contract or option to purchase: Provided, That any such lease back
arrangement must be financially feasible, and any bonds or loans utilized to enter into such
lease back arrangement shall be repayable in full from the expected rentals to be generated
by such facility.

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