COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 314

(By Senator Chafin)

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[Originating in the Committee on Transportation;


reported March 1, 1995.]

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A BILL to amend article two, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twelve, relating to orphan roads; authorizing the division of highways to promulgate rules dealing with the systematic adoption of orphan roads into the state highway system; and limitation on funds used.

Be it enacted by the Legislature of West Virginia:

That article two, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section twelve, to read as follows:
ARTICLE 2. STATE ROAD COMMISSION.

§17-2-12. Systematic adoption of orphan roads.


The Legislature finds that many roads and bridges in West Virginia are not maintained by any governmental agency and are thereby in need of repair and upgrade. These unmaintained roads and bridges are known as orphan roads.
Therefore, the West Virginia division of Highways shall initiate action to promulgate rules, in accordance with chapter twenty-nine-a of this code, providing for the systematic adoption of orphan roads into the state highway system, in order to provide basic grading, stabilizing, repairing and draining as individually authorized by the state highway commission. The division of highways shall not mandate use of any county's or municipality's funds without the county's or municipality's permission.