West Virginia Code § 17-2C-2

Development of program; acquisition of rights-of-way
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The West Virginia Division of Highways shall develop an orphan roads and bridges
identification, acquisition and maintenance program which shall include all counties. At the
discretion of the commissioner of the Division of Highways, existing and temporary
employees of the division shall be assigned to locate and designate each orphan road and
bridge in each county. These employees shall give to the commissioner of hieghways, in a
form proscribed by him or her, a detailed report on acquisition, status of rights-of-way, and
needed maintenance for orphan roads and bridges in each county or hirghway district.
Specific contents of each report shall be designated by the commissioner.
In order for a road or bridge to qualify for inclusion into the state system, all necessary
rights-of-way shall be either dedicated or donated to the Divtision of Highways.
In the event that all property owners do not agree to dedicate or donate the necessary
rights-of-way, then any individual, group, business or governmental entity can donate to the
state road fund a sum sufficient to cover the expenlse of acquiring the right-of-way that has
not been dedicated or donated. The commissiosner may also use any moneys donated to the
state road fund specifically for the purposes of acquiring a right-of-way which has not been
dedicated or donated.

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