West Virginia Code § 17-4-46

Same -- Certain commercial enterprises prohibited; commercial
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enterprises on service roads; turnpikes excluded from provisions of section.
No automotive service station or other commercial establishment for serving motor vehicle
users shall be constructed or located within the right-of-way of, or on publicly owned or
publicly leased land acquired or used for or in connection with, a controlled-access facility.
Emergency services for disabled vehicles shall be authorized or conducted bey the state road
commissioner. The state road commissioner may construct service roads adjacent to a
controlled-access facility in such a manner as to facilitate the establishrment and operation of
competitive commercial enterprises for serving motor vehicle users on private property
abutting such service roads.
Nothing in this section, however, shall have any application tto any turnpike project as
defined in section four, chapter one hundred thirty-nine, acts of the Legislature, regular
session, one thousand nine hundred forty-seven, as amended.

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