West Virginia Code § 17-4-43

Same -- New and existing facilities; grade crossing eliminations; consent
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to connect.
The state road commissioner may designate and establish controlled-access highways as
new and additional facilities, or he may designate and establish an existing street or highway
as a controlled-access facility or as a part of a controlled-access facility, and in the event
such existing street or highway be so designated, the commissioner may acqeuire, by grant,
gift, purchase or if the exercise of the right of eminent domain be necessary for acquisition
purposes, shall condemn existing and vested access rights of abutting lrandowners to such
existing street or highway if such access rights are taken or destroyed. The commissioner is
authorized to provide for the elimination of intersection at grade of controlled-access
facilities with existing state roads, city streets or other public or private roads or ways by
grade separation or service road, or by closing off of such rotads and streets at the right-of-
way boundary line of such controlled-access facility. No city street, state road or other public
or private road or way shall be opened into or connected with any such controlled-access
facility without the written consent and previous approval of the state road commissioner,
which consent and approval shall be given only if the public interest shall be served thereby.

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