Senate Bill No. 299
(By Senators Chafin, Bailey, Withers, Wagner,
Dalton, Sharpe, Ross, Schoonover, Helmick, Claypole,
Tomblin and Manchin)
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[Introduced February 8, 1994; referred to the Committee
on Transportation; and then to the Committee on Finance.]
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A BILL to amend chapter seventeen of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article two-c, relating to
orphan roads; and establishing a discretionary orphan road
acquisition and upgrading program in all counties.
Be it enacted by the Legislature of West Virginia:
That chapter seventeen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article two-c, to read
as follows:
ARTICLE 2C. ORPHAN ROAD AND BRIDGE ACQUISITION PROGRAM.
§17-2C-1. Establishment of an orphan road acquisition and
upgrading program in all counties.
Authority is hereby granted to the West Virginia division of
highways to establish a program to acquire roads and bridges usedby the public which are not maintained by any governmental
agency. These roads and bridges which are not maintained by a
governmental agency are known as orphan roads. The Legislature
hereby finds and declares it to be important for the economic and
social development of the state that a program for the
acquisition and upgrading of orphan roads be undertaken by the
state to improve them to the standards of state maintained roads.
In particular, the Legislature finds and declares that basic
grading, stabilizing and draining should be performed on orphan
roads and bridges to promote the well-being of the public.
§17-2C-2. Development of program.
The West Virginia division of highways, with the help of the
county commissions, shall develop an orphan road acquisition and
upgrading program in all counties. The program shall be designed
to improve these roads to state road standards, but shall only be
implemented at the discretion of the county road supervisors for
which roads and bridges are to be considered for improvement.
NOTE: The purpose of this bill is to establish a state
program for acquisition and upgrading of orphan roads and
bridges. County road supervisors have the discretion to
determine which roads or bridges will be improved or if the
program is to be implemented in their counties.
This is a new article; therefore, strike-throughs and
underscoring have been omitted.