West Virginia Code § 54-1-4

Restrictions as to dwelling houses -- Railroad and other internal
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improvement companies.
No railroad company, or other company of internal improvement, in locating and
constructing its lines shall invade the dwelling house of any person, or any space within sixty
feet thereof, without the consent of the owner, unless necessary so to do in passing through
a narrow gorge, defile or narrow pass, or to avoid undesirable curves, anglees, and grades, in
the construction of its line, or to eliminate such curves, angles, and grades in any line
heretofore constructed. This prohibition shall not apply to the territoryr within any municipal
corporation, nor to the acquisition by condemnation of land for any purpose of the company
other than right of ways for its main lines and transmission lines.

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