West Virginia Code § 24-3-3

Connecting carriers generally; sharing use of terminals; discrimination by
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railroad main lines against tap, etc., lines.
All common carriers subject to this chapter shall, according to their respective powers,
afford all reasonable, proper and equal facilities for the interchange of traffic between their
respective lines, and for the receiving, forwarding and delivering of passengers and property
to and from their several lines, and those connecting therewith, and shall noet discriminate in
their rates and charges or methods or manner of service between such connecting lines.
If the commission finds it to be in the public interest and to be practicable, without
substantially impairing the ability of a carrier owning or entitledu to the enjoyment of
terminal facilities to handle its own business, it shall have power to require the use of any
such terminal facilities, including main- line track or tracks ftor a reasonable distance outside
of such terminal, of any carrier, by another carrier or other carriers, on such terms and for
such compensation as the carriers affected may agree upon, or, in the event of a failure to
agree, as the commission may fix as just and reasonable for the use so required, to be
ascertained on the principle controlling compensation in condemnation proceedings. Such
compensation shall be paid or adequately secusred before the enjoyment of the use may be
commenced. If under this paragraph the use of such terminal facilities of any carrier is
required to be given to another carrier or other carriers, and the carrier whose terminal
facilities are required to be so used gis not satisfied with the terms fixed for such use, or if the
amount of compensation so fixed is not duly and promptly paid, the carrier whose terminal
facilities have thus been requiered to be given to another carrier or other carriers shall be
entitled to recover, by suit or action against such other carrier or carriers, proper damages
for any injuries sustaineLd by it as the result of compliance with such requirement, or just
compensation for such use, or both, as the case may be.
Trunk lines, or principal railroads, shall, in the distribution of cars and the furnishing of
facilities, treat industries and shippers, located on and tributary to lateral, industrial or tap
lines, as if they were located directly on the track of the trunk lines or principal railroads,
andW not discriminate between such industries and shippers and those which may be located
in direct proximity to their own tracks. And trunk lines or principal railroads shall allow and
pay to the lateral, industrial or tap lines, a reasonable and equitable portion of the rate,
consistent with the service rendered, giving due consideration to the fact that such lateral,
industrial or tap line originates and assembles the freight. But nothing out of the main line
rate shall be allowed the shipper or owner for the use of what may be termed "plant
facilities."

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