WVC 17 - 4 - 43
§17-4-43. Same -- New and existing facilities; grade crossing
eliminations; consent to connect.
The state road commissioner may designate and establish
controlled-access highways as new and additional facilities, or
he may designate and establish an existing street or highway as a
controlled-access facility or as a part of a controlled-access
facility, and in the event such existing street or highway be so
designated, the commissioner may acquire, by grant, gift,
purchase or if the exercise of the right of eminent domain be
necessary for acquisition purposes, shall condemn existing and
vested access rights of abutting landowners to such existing
street or highway if such access rights are taken or destroyed.
The commissioner is authorized to provide for the elimination of
intersection at grade of controlled-access facilities with
existing state roads, city streets or other public or private
roads or ways by grade separation or service road, or by closing
off of such roads and streets at the right-of-way boundary line
of such controlled-access facility. No city street, state road
or other public or private road or way shall be opened into or
connected with any such controlled-access facility without the
written consent and previous approval of the state road
commissioner, which consent and approval shall be given only if
the public interest shall be served thereby.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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