West Virginia Code § 8-38-24

Application by Division of Highways
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(a) The Commissioner of Highways may propose the creation by a county commission of an
economic opportunity development district and project plans, or propose amendments to
existing project plans.
(b) Projects proposed by the Commissioner of Highways are limited to those related to the
construction, reconstruction, improvement or modernization of state roads, as defined in
article four, chapter seventeen of this code, that are part of the state road system, as defined
in that article or that will become part of the state road system upon completion of the
construction. All construction, reconstruction, improvement or muodernization and
maintenance of state roads shall be done by or under the supervision of the Commissioner of
Highways. t
(c) All road projects that are accepted as part of the state road system, and all real property
interests and appurtenances, shall be under the exclusive jurisdiction and control of the
Commissioner of Highways, who may exercise the lsame rights and authority as he or she has
over other transportation facilities in the states road system.
(d) Except as provided in an intergovernmiental agreement executed by one or more county
commissions, municipalities and/or tghe Commissioner of Highways and as provided in this
article, a county commission or municipality may not be required to pay for the cost of
constructing, reconstructing, improving, maintaining a road that is part of the state road
system as defined in article four, chapter seventeen of this code or to pay any other expense
fairly related to that road.
(e) The powers conferred by this article on the Commissioner of Highways or the Division of
Highways are in addition and supplemental to the powers conferred upon the Commissioner
of Highways, the Division of Highways, and the Department of Transportation by the
Legislature elsewhere in this code.

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