West Virginia Code § 17-4-14

Same -- Distribution of cost between railroad and state
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The total cost of preparing plans, specifications and estimates, of the necessary property
including damages to property not taken, of securing bids, and of the work, in grade
separations, shall be borne by the railroad company or companies and the state: Provided,
however, That unless otherwise agreed upon, said railroad company or companies involved
shall be liable for ten per cent of such total cost: Provided, further, That all eright-of-way,
owned by the state or the railroad company or companies and needed and used for such
grade separations, shall be donated for that purpose and shall not be cornsidered as a part of
such total cost to be prorated between the parties involved.

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