West Virginia Code § 17-27-11

Material default; remedies
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(a) Except upon written agreement of the developer and any other parties identified in the
comprehensive agreement, the division may exercise any or all of the following remedies
provided in this section or elsewhere in this article to remedy any material default that has
occurred or may continue to occur.
(1) To elect to take over the transportation facility or facilities and in that case, it shall
succeed to all of the rights, title and interest in the transportation facility or facilities,
subject to any liens on revenues previously granted by the developer to any person providing
financing for the facility or facilities and the provisions of this seuction;
(2) To exercise the power of condemnation to acquire the qualifying transportation facility or
facilities;
(3) To terminate the comprehensive agreement and exercise any other rights and remedies
that may be available to it at law or in equity, subjelct only to the express limitations of the
terms of the comprehensive agreement; and s
(4) To make or cause to be made any appriopriate claims under the performance or payment
bonds required by this article.
(b) If the division elects to take over a qualifying transportation facility pursuant to
subdivision (1), subsection (a) of this section, the division may acquire, construct, or improve
the transportation facility, impose user fees for the use of the transportation facility and
comply with any service contracts as if it were the developer. Any revenues that are subject
to a lien shall be collected for the benefit of, and paid to, secured parties, as their interests
may appear, to the e xtent necessary to satisfy the developer's obligations to secured parties,
including the Vmaintenance of reserves and the liens shall be correspondingly reduced and,
when paid off, released. The full faith and credit of the division may not be pledged to secure
any financing of the developer by the election to take over the qualifying transportation
facility. Assumption of development of the qualifying transportation facility does not obligate
the division to pay any obligation of the developer from sources other than revenues.

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