PART II. COMPELLING COMPLIANCE WITH FRANCHISE.
§8-31-2. Compelling compliance with franchise obligations;
When any person has obtained or shall hereafter obtain any
franchise, and the terms, conditions or manner of exercising such
franchise are embodied in the ordinance of the municipality or the
order of the county court granting such franchise, or are otherwise
either voluntarily assumed, or by law imposed upon such person,
then and in each of such cases the circuit court of the county
(except so far as the powers herein conferred upon the circuit
court are, by chapter twenty-four of this code, conferred upon the
public service commission) in which the municipality or the major
portion of the territory thereof is located or for which the county
court acted shall have power by mandamus to compel such person, and
the successors and assigns of such person, to use and exercise such
franchise in accordance with the lawful terms and conditions and in
the manner so prescribed in such ordinance or order or otherwise
lawfully so defined or assumed, and to do and perform each and
every lawful obligation or duty attached to such franchise, whether
such obligation or duty be voluntarily assumed or imposed by law.
Such mandamus may be awarded at the instance of such
municipality or county, and this section shall not be construed to
deprive such municipality or county, or any inhabitant thereof, of
any other remedy to compel such person to comply with the terms,
conditions and agreements of such franchise, or of the right to recover damages for noncompliance therewith or to affect, remove or
lessen the liability of such person to forfeiture of such franchise
for failure so to use and exercise such franchise.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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