§17-2C-2. Development of program; acquisition of rights-of-way.
The West Virginia division of highways shall develop an orphan
roads and bridges identification, acquisition and maintenance
program which shall include all counties. At the discretion of the
commissioner of the division of highways, existing and temporary
employees of the division shall be assigned to locate and designate
each orphan road and bridge in each county. These employees shall
give to the commissioner of highways, in a form proscribed by him
or her, a detailed report on acquisition, status of rights-of-way,
and needed maintenance for orphan roads and bridges in each county
or highway district. Specific contents of each report shall be
designated by the commissioner.
In order for a road or bridge to qualify for inclusion into
the state system, all necessary rights-of-way shall be either
dedicated or donated to the division of highways.
In the event that all property owners do not agree to dedicate
or donate the necessary rights-of-way, then any individual, group,
business or governmental entity can donate to the state road fund
a sum sufficient to cover the expense of acquiring the right-of-way
that has not been dedicated or donated. The commissioner may also
use any moneys donated to the state road fund specifically for the
purposes of acquiring a right-of-way which has not been dedicated
Note: WV Code updated with legislation passed through the 2012 1st Special Session