WEST virginia legislature

2017 regular session

Introduced

House Bill 2567

By Delegate Thompson

[Introduced February 20, 2017; Referred
to the Committee on Roads and Transportation then the Judiciary.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-4-5a, relating to requiring that state and public roads that have not been maintained for a period of three consecutive years shall be returned to their original tract of land.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931 as amended, be amended by adding thereto a new section, designated §17-4-5a, to read as follows:

ARTICLE 4. STATE ROAD SYSTEM.

§17-4-5a. Failure to maintain state and public roads.

(a) For the purpose of this subsection, “maintain” shall mean to patch, pave, repair or mow.

(b) Any state or public road the Division of Highways or a political subdivision of the State of West Virginia has failed to maintain for a period of three consecutive years shall be returned to the original tract of land from which it was taken.

NOTE: The purpose of this bill is to require that state and public roads that have not been maintained for a period of three consecutive years shall be returned to their original tract of land.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.