H. B. 4306
(By Delegate McGraw)
[Introduced January 30, 2002; referred to the
Committee on the Judiciary.]
A BILL to amend article three, chapter twenty-four of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
nine, relating to restricting public utilities from entering
privately owned real property for the purpose of changing,
amending, establishing or surveying any right-of-way without
petitioning the circuit court for permission showing that no
alternative route exists.
Be it enacted by the Legislature of West Virginia:
That article three, chapter twenty-four of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section nine,
to read as follows:
ARTICLE 3. DUTIES AND PRIVILEGES OF PUBLIC UTILITIES SUBJECT TO
REGULATIONS OF COMMISSION.
§24-3-9.
Restricting public utilities from entering privately
owned real property in certain situations.
Every public utility subject to this chapter that seeks to
enter privately owned real property for the purposes of changing,
amending, establishing or surveying any right-of-way must petition
the circuit court for permission before entering the privately
owned real property. The circuit court may enter an order granting
access to that privately owned real property upon a showing by the
public utility that no alternative route exists. The petition must
be filed in the circuit court of the county where the privately
owned real property is located.
NOTE: The purpose of this bill is to restrict public
utilities from entering privately owned real property for the
purpose of changing, amending, establishing or surveying any
right-of-way without petitioning the circuit court for permission
showing that no alternative route exists.
§
24-3-9 is new; therefore, strike-throughs and underscoring
have been omitted.