WVC 17 - 4 - 46
§17-4-46. Same -- Certain commercial enterprises prohibited;
commercial enterprises on service roads; turnpikes
excluded from provisions of section.
No automotive service station or other commercial
establishment for serving motor vehicle users shall be
constructed or located within the right-of-way of, or on publicly
owned or publicly leased land acquired or used for or in
connection with, a controlled-access facility. Emergency
services for disabled vehicles shall be authorized or conducted
by the state road commissioner. The state road commissioner may
construct service roads adjacent to a controlled-access facility
in such a manner as to facilitate the establishment and operation
of competitive commercial enterprises for serving motor vehicle
users on private property abutting such service roads.
Nothing in this section, however, shall have any application
to any turnpike project as defined in section four, chapter one
hundred thirty-nine, acts of the Legislature, regular session,
one thousand nine hundred forty-seven, as amended.
Note: WV Code updated with legislation passed through the 2012 1st Special Session