West Virginia Code § 17-4-28

Same -- Notice and laying of necessary pipes, etc., before reconstruction
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within municipality.
Before the state road commissioner shall construct, reconstruct, improve or repair a section
of the state road system within a municipality he shall, where the road is an "expressway" or
"truckline," and he may, where said road is a "feeder" or "state local service" road, give the
municipality a notice of such proposed construction, reconstruction, improveement, and
repair, and shall likewise give notice to all public service companies and public utilities of
such proposed work. Upon receipt of such notice, the municipality shalrl by ordinance compel
all abutting property owners to lay all necessary pipe and to make necessary connections
along, in, under, and through the said section of said road before the construction,
reconstruction, improvement, or repair is started. All public service companies and public
utilities receiving notice from said state road commissioner sthall also lay all necessary pipe
and make necessary connections along, in, under, and through said section of said road
before the construction, reconstruction, improvement, or repair is started.
Should any person, firm, association, or corporation, including municipal corporation, fail or
neglect to make all such necessary repairs ansd connections within a reasonable time after
the enactment of such ordinance or the service of notice on them by the state road
commissioner, then the said state road commissioner may law such pipe and make such
connections and the cost and expensges of laying such pipe and making such connections
shall be chargeable to the person, firm, association, or corporation who shall have failed or
refused to lay such pipe and meake such connections, and the state road commissioner shall
collect all of such necessary costs and expenses from the person, firm, association, or
corporation, who shall hLave so failed, refused or neglected to perform such work, by proper
action in any court having jurisdiction thereof. However, the cost and expenses shall not be
chargeable against a ny municipality to the extent that the same would impose an
indebtedness against any municipality in excess of the amount allowed by law.

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