WEST virginia legislature

2024 regular session

Introduced

House Bill 4766

By Delegate Burkhammer

[Introduced January 16, 2024; Referred
to the Committee on Technology and Infrastructure]

A BILL to amend and reenact §17-4-5 of the Code of West Virginia, 1931, as amended, relating to requiring signage for road closures 30 days prior to the closure if the closure will last longer than 30 days and the detour is longer than one mile.

Be it enacted by the Legislature of West Virginia:

ARTICLE 4. State Road System

§17-4-5. Right of eminent domain.

(a) The state road commissioner, or the state road commission may acquire by right of eminent domain any land or water, or any interest therein or any rights, ways, or easements thereon or thereover, for the purpose of constructing, widening, straightening, grading, or altering any state road, or for the purposes enumerated in §17-4-25 of this code, or to provide a detour or temporary road or bridge while a road is in the process of construction, reconstruction, improvement, or repair, or for any other purposes authorized by any provision of this chapter, whenever a just compensation cannot be agreed upon by the owner or claimant of such property, for such taking, use, or damage.

(b) The state road commissioner, or the state road commission, for any of the purposes aforesaid may likewise acquire by eminent domain any bridge or bridge site across any stream separating this state from an adjoining state, any portion thereof, or the approaches thereto, or any interest, franchise, right, or privilege in the same, whether the same be owned and operated by a bridge company, a railroad or electric company, or other railway, or other utility, or any other person, firm, or corporation, such right to be exercised to provide either for a permanent title, ownership, use, or easement thereon or thereover, or for a temporary use and easement thereon or thereover as a detour, or temporary road or bridge; and such rights may be acquired subject to the use by any railroad or electric company, or other railway or utility, or under such reasonable regulation as to such use as the court may prescribe. The state road commission may also exercise in any adjoining state such powers of eminent domain for any of the purposes aforesaid, whether such powers are now conferred or may be hereafter conferred upon the commission by any act of Congress of the United States, if such act of Congress be necessary for the exercise of such powers. Title to property condemned in any adjoining state may be taken either in the name of the state or of the state road commission.

(c) When the road closure will exceed 30 days and the detour will be longer than one mile, the Division of Highways shall be required to post signage warning motorists about the closure and detour for at least 30 days prior to the closure.

(d) The proceedings for the purposes aforesaid may be instituted in the name of the commissioner, or the state road commission, either at law or in equity, and prosecuted and determined as provided in §54-1-1 et seq. of this code.

NOTE: The purpose of this bill is to require signage for road closures 30 days prior to the closure if the closure will last longer than 30 days and the detour is longer than one mile.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.