WVC 17 - 1 - 3
§17-1-3. "Road"; "public road"; "highway."
The words or terms "road,"
"public road," or "highway" shall
be deemed to include, but shall not be limited to, the right-of-way, roadbed and all necessary culverts, sluices, drains,
ditches, waterways, embankments, slopes, retaining walls,
bridges, tunnels and viaducts necessary for the maintenance of
travel, dispatch of freight and communication between individuals
and communities; and such public road or highway shall be taken
to include any road to which the public has access and which it
is not denied the right to use, or any road or way leading from
any other public road over the land of another person, and which
shall have been established pursuant to law. Any road shall be
conclusively presumed to have been established when it has been
used by the public for a period of ten years or more, and public
moneys or labor have been expended thereon, whether there be any
record of its conveyance, dedication or appropriation to public
use or not. In the absence of any other mark or record, the
center of the traveled way shall be taken as the center of the
road and the right-of-way shall be designated therefrom an equal
distance on each side, but a road may be constructed on any part
of the located right-of-way when it is deemed advisable so to do.
The Legislature notes that there are public highways that
run over the surface of this land, over and through the navigable
streams, rivers and waterways on this earth and above the surface
of this earth in the form of highways in the sky, commonly known
as airways. The Legislature finds that each of these types of
public highways are essential to the development of this state and that the health and safety of each of the citizens of this
state are affected daily by the availability of each of these
three types of public highways, and that it is the best interests
of the people of this state that each of these be recognized and
included within the meaning of public highways. The Legislature
further recognizes that airports are an important and integral
part of the public highways existing above the surface of this
state, and that airports are necessary to access such highways,
and therefore airports, including runways, taxiways, parking
ramps, access roads and air traffic control facilities located at
airports, are hereby declared to be part of the public highway
system of this state.
Note: WV Code updated with legislation passed through the 2014 1st Special Session
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