West Virginia Code § 19-21-29

Cost of constructing ditch or drain across highway; constructing,
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enlarging or changing bridge, culvert or trestle; removal of structure for passage of
boat or equipment.
Where any public ditch or drain constructed under the provisions of this article crosses a
public highway or the right- of-way of any railroad, tramway, or any public utility, the cost of
constructing such ditch or drain across such highway, railroad, tramway or eother public
utility shall be paid by the drainage district. When, in crossing such highway or right-of- way,
the ditch or drain follows a natural water course or the natural flow of rthe water, and it
becomes necessary to construct, enlarge or reconstruct any bridge, culvert, aqueduct or
other structure, such structures shall be constructed so as to conform to the plans and
specifications of the chief engineer as provided for in "the plan for reclamation," at the
expense of the county in the case of crossing public highwayts, and at the expense of the
railroad, tramway or other public utility when public utilities are involved. In all cases where
the ditch or drain does not follow a natural watercourse but the water is diverted from its
natural flow by the improvements, all necessary bridges, culverts, aqueducts and other
structures across public highways, rights-of-way of railroads, tramways and other public
utilities shall be constructed at the expense of the district, but such structures shall
thereafter be maintained by and at the expense of the county or public utilities as the case
may be.
Whenever it becomes necessary for any county or any public utility to construct, enlarge or
reconstruct any bridge, culveret, aqueduct or other structure under the provisions in the
paragraph immediately preceding, such changes shall be made within the time directed by
the circuit court either iLn term or vacation. In case such changes or adjustments are not
made within the prescribed time, the board of supervisors may proceed to make such
necessary changes a t the expense of the county or public utility.
In case it is necessary to pass any dredge boat or other equipment through a bridge,
aqueduct, trestle or other structure of any railroad company or other public utility, county,
distWrict, or municipality, the board of supervisors shall give twenty days' notice to the owner
of said structure that the same shall be removed temporarily by a certain date to allow the
passage of such equipment, or that an agreement be immediately entered into in regard
thereto. The owner of such structure shall keep an itemized account of the cost of the
removal, and, if necessary, of the replacing of such structure, and such actual cost shall be
paid by the district. In case the owner of such structure shall refuse to provide for the
passage of such equipment, the board of supervisors may remove such structure at its own
expense, interrupting traffic in the least degree consistent with good work and without delay
or unnecessary damage. In case they shall be prevented from doing so, the owner of such
structure shall be liable for damages for the resulting delay.

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