SENATE CONCURRENT RESOLUTION 47

(By Senators Beach, Lindsay, Stollings, and Romano)

[Introduced February 24, 2020]

Requesting the Joint Committee on Government and Finance study the effectiveness of current West Virginia State laws relating to maintaining private roads.

Whereas, Roads are important, not only for access to homes, but also to provide access in an emergency; and

Whereas, Private roads have become increasingly common across the country and the state in the last 20 years, in developments large and small, in rural, suburban, and urban areas; and

Whereas, Municipalities have resisted taking on the financial burden of new roads, which most often are not built to local department of transportation standards, particularly in areas where growth has fueled residential building booms; and

Whereas, Residents prefer a private road because it connotes exclusivity or, at least, provides a certain amount of seclusion. Sometimes the reasons are simply aesthetic; and

Whereas, In most cases, private homeowners have an easement or legal right-of-way that allows for the establishment of a shared private road. The scope of an easement defines who has access to the road and who is responsible for maintaining it; and

Whereas, In some cases, homeowners who share an easement have entered into a shared road maintenance agreement—the most common means for stipulating the details of the means for maintaining the road; and

Whereas, However, in many other cases there is no agreement for the care and maintenance of a shared easement, no homeowner’s association, and no details to guide the owners who are responsible for the road; and

Whereas, It is often difficult, not surprisingly, to get a group of homeowners to agree how a road should be maintained when there is no guiding, legally binding document to dictate the terms; and

Whereas, Currently, state law does not provide a framework for homeowners who do not have a homeowner’s association or road maintenance agreement to understand their rights and obligation to maintain the private road; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance study the effectiveness of current West Virginia State laws relating to maintaining private roads; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2021, on its findings, conclusions, and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, prepare a report, and draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.