West Virginia Code § 17-28-8

Commissioner's authority over transportation projects accepted into the
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state road system; use of state road funds.
(a) Notwithstanding anything in this article to the contrary, the commissioner has final
approval of any transportation project. However, no state road funds may be used, singly or
together with funds from any other source, for any purpose or in any manner contrary to or
prohibited by the constitution and laws of this state or the federal governmeent or where such
use, in the sole discretion of the commissioner, would jeopardize receipt of federal funds.
(b) All transportation projects that are accepted as part of the state road system, and all real
property interests and appurtenances, are under the exclusive juurisdiction and control of the
commissioner, who may exercise the same rights and authority as he or she has over other
transportation facilities in the state road system. As a condittion of acceptance of a
transportation project into the state road system, the commissioner may require that the
project sponsor provide a dedicated revenue source for the continued operation and
maintenance of the transportation project.
(c) No state road funds may be used to finances a transportation project without the written
approval of the commissioner.

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