§54-3-3. Implementation of federal act; powers of state agencies;
payments under act not considered income or resources
for certain purposes.
In order to accomplish the purposes set forth in section two
of this article and to satisfy the requirements of adequately
compensating displaced persons under such federal acts, each
acquiring agency is hereby required and is hereby granted plenary
power and authority to adopt rules and regulations, which shall
have the force and effect of law, to implement the provisions of
such federal acts and make applicable to such acquiring agency the
policies and requirements of such federal acts which are pertinent
to the mission and functions of such acquiring agency, including,
without in any way limiting the generality of the foregoing, the
carrying out of all procedures and the making of all financial
assistance payments, relocation assistance payments, replacement
housing payments, loans and expense reimbursement payments required
by such federal acts, subject only to any restrictions or
limitations imposed by the constitution of the state of West
Virginia. The department of highways is hereby designated as the
lead agency to develop, publish and issue such regulations to
implement the provisions of this act and also to coordinate and
provide policy and interpretations where necessary.
No payment of any type required by such federal acts and
received by any person under this article and such rules and
regulations shall be considered as income or resources for the
purpose of determining the eligibility or extent of eligibility of
any person for assistance under any state law, or under any state or local tax law or ordinance, and no such payment shall be
considered as income or resources of any recipient of public
assistance and no such payment shall be deducted from the amount of
aid to which the recipient would otherwise be entitled.
Note: WV Code updated with legislation passed through the 2014 1st Special Session
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