Senate Bill No. 314

(By Senator Chafin)

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[Introduced February 9, 1995; referred to the Committee
on Transportation; and then to the Committee on Finance.]
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A BILL to amend chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article two-c, relating to orphan roads; and establishing a discretionary orphan road acquisition and upgrading program in all counties.

Be it enacted by the Legislature of West Virginia:

That chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article two-c, to read as follows:
ARTICLE 2C. ORPHAN ROAD AND BRIDGE ACQUISITION PROGRAM.

§17-2C-1. Establishment of an orphan road acquisition and upgrading program in all counties.

Authority is hereby granted to the West Virginia division of highways to establish a program to acquire roads and bridges used by the public which are not maintained by any governmental agency. These roads and bridges which are not maintained by a governmental agency are herein designated as orphan roads. The Legislature hereby finds and declares it to be important for the economic and social development of the state that a program for the acquisition and upgrading of orphan roads be undertaken by the state to improve them to the standards of state maintained roads. In particular, the Legislature finds and declares that basic grading, stabilizing and draining should be performed on orphan roads and bridges to promote the well-being of the public.
§17-2C-2. Development of program.

The West Virginia division of highways, with the help of the county commissions, shall develop an orphan road acquisition and upgrading program in all counties. The program shall be designed to improve these roads to state road standards, but may only be implemented at the discretion of county road supervisors, acting under the authority of the county commission, in the county wherein any such orphan road is situated.




NOTE: The purpose of this bill is to establish a state program for acquisition and upgrading of orphan roads and bridges. County road supervisors have the discretion to determine which roads or bridges will be improved or if the program is to be implemented in their counties.

This is a new article; therefore, strike-throughs and underscoring have been omitted.