Senate Bill No. 152

(By Senators Tomblin (Mr. President) and Buckalew
By Request of the Executive)
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[Introduced January 14, 1998; referred to the Committee
on Transportation.]
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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 the establishment of a program to acquire and maintain roads and bridges which are not maintained by any governmental entity; development of the program; process and criteria for including a road or bridge in the program; and upgrading of acquired roads and bridges.

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 and bridge acquisition and maintenance program in all counties.
Authority is hereby granted to the West Virginia division of highways to establish a program to acquire roads and bridges which the public has a right to use and which are not maintained by any governmental entity. These roads and bridges which are not maintained by a governmental entity are herein designated as orphan roads and bridges. 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 maintenance of orphan roads and bridges be undertaken by the state. In particular, the Legislature finds and declares that basic maintenance should be performed on orphan roads and bridges to promote the well-being of the public.
§17-2C-2. Development of program; right-of-way.
The West Virginia division of highways shall develop an orphan road and bridge acquisition and maintenance program. In order for a road or bridge to qualify for inclusion into the state system, all necessary rights-of-way shall be either dedicated or donated to the division of highways. In the event that all property owners do not agree to dedicate or donate the necessary rights-of-way, then any individual, group, business or governmental entity can donate to the state road fund a sum sufficient to cover the expense of acquiring the right-of-way that has not been dedicated or donated.
§17-2C-3. Inclusion in the system.
Application for inclusion of a road or bridge into the maintenance system shall be made by petition to the commissioner of highways. The application shall not be approved unless the necessary right-of-way is either dedicated or donated to the division of highways or other provisions are made to acquire the right-of-way as provided in section two of this article. The decision on whether a specific road or bridge should be added to the state maintenance system is within the absolute discretion of the commissioner of highways. The commissioner shall consider: (1) The availability of resources for maintaining the road or bridge; (2) the number of persons served by the road or bridge; (3) the current and anticipated use of the road or bridge; (4) the condition of the road or bridge; (5) the availability and suitability of alternate routes; (6) the existing design and layout of the road or bridge; and (7) the number of roads and bridges accepted into the maintenance system.
§17C-2-4. Upgrading of roads and bridges in maintenance system.
Roads and bridges accepted into the maintenance system under the provisions of this article are admitted only for the purposes of maintenance. No upgrading of said roads and bridges is to be undertaken unless otherwise determined by the commissioner of highways.

NOTE: The purpose of this bill is to establish a state program for acquisition and maintenance of orphan roads and bridges. It provides for a program, requires right-of-way acquisition, inclusion of roads and bridges into system and upgrading of roads and bridges into system.

This is a new article; therefore, strike-throughs and underscoring have been omitted.