H. B. 2650
(By Delegate Browning, By Request)
[Introduced February 22, 1995; referred to the
Committee on Roads and Transportation then
Finance.]
A BILL to amend and reenact section eight, article two-a, chapter
seventeen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to roads and
highways; West Virginia commissioner of highways; powers,
duties and responsibilities; and requiring the commissioner
to provide for the diversion of surface water from private
property.
Be it enacted by the Legislature of West Virginia:
That section eight, article two-a, chapter seventeen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 2A. WEST VIRGINIA COMMISSIONER OF HIGHWAYS.
§17-2A-8. Powers, duties and responsibilities of commissioner.
In addition to all other duties, powers and responsibilities
given and assigned to the commissioner in this chapter, the commissioner may:
(1) Exercise general supervision over the state road program
and the construction, reconstruction, repair and maintenance of
state roads and highways;
(2) Determine the various methods of road construction best
adapted to the various sections and areas of the state and
establish standards for the construction and maintenance of roads
and highways therein;
(3) Conduct investigations and experiments, hold hearings
and public meetings and attend and participate in meetings and
conferences within and without the state for purposes of
acquiring information, making findings and determining courses of
action and procedure relative to advancement and improvement of
the state road and highway system;
(4) Enter private lands to make inspections and surveys for
road and highway purposes;
(5) Acquire, in name of the
department division, by lease,
grant, right of eminent domain or other lawful means, all lands
and interests and rights in lands necessary and required for
roads, rights-of-way, cuts, fills, drains, storage for equipment
and materials, and road construction and maintenance in general:
Provided, That the commissioner shall make provisions for the
diversion of surface waters from any property or property
interest acquired by the division into properly constructed and maintained ditches or drains so that the surface water does not
flow onto adjacent private property: Provided, however, That
when the commissioner fails to provide for this diversion of
surface waters, the division is liable to the property owner or
other occupant of the private property for all damage resulting
from the failure of the commissioner to properly divert the
surface water;
(6) Procure photostatic copies of any or all public records
on file at the state capitol of Virginia which may be deemed
necessary or proper in ascertaining the location and legal status
of public road rights-of-way located or established in what is
now the state of West Virginia, which photostatic copies, when
certified by the commissioner, may be admitted in evidence, in
lieu of the original, in any of the courts of this state;
(7) Plan for and hold annually a school of good roads, of
not less than three or more than six days' duration, for
instruction of his employees, which school shall be held in
conjunction with West Virginia University and may be held at the
university or at any other suitable place in the state;
(8) Negotiate and enter in reciprocal contracts and
agreements with proper authorities of other states and of the
United States relating to and regulating the use of roads and
highways with reference to weights and types of vehicles,
registration of vehicles and licensing of operators, military and emergency movements of personnel and supplies and all other
matters of interstate or national interest;
(9) Classify and reclassify, locate and relocate,
expressway, trunkline, feeder and state local service roads, and
designate by number the routes within the state road system;
(10) Create, extend or establish, upon petition of any
interested party or parties or on the commissioner's own
initiative, any new road or highway as may be found necessary and
proper;
(11) Exercise jurisdiction, control, supervision and
authority over local roads, outside the state road system, to the
extent determined by him to be expedient and practicable;
(12) Discontinue, vacate and close any road or highway, or
any part thereof, the continuance and maintenance of which are
found unnecessary and improper, upon petition and hearing, or
upon investigation initiated by the commissioner;
(13) Close any state road while under construction or repair
and provide a temporary road during the time of such construction
or repair;
(14) Adjust damages occasioned by construction,
reconstruction or repair of any state road or the establishment
of any temporary road;
(15) Establish and maintain a uniform system of road signs
and markers;
(16) Fix standard widths for road rights-of-way, bridges and
approaches thereto and fix and determine grades and elevations
therefor;
(17) Test and standardize materials used in road
construction and maintenance, either by governmental testing and
standardization activities or through contract by private
agencies;
(18) Allocate the cost of retaining walls and drainage
projects, for the protection of a state road or its right-of-way,
to the cost of construction, reconstruction, improvement or
maintenance;
(19) Acquire, establish, construct, maintain and operate, in
the name of the
department division, roadside recreational areas
along and adjacent to state roads and highways;
(20) Exercise general supervision over the construction and
maintenance of airports and landing fields under the jurisdiction
of the West Virginia state aeronautics commission, of which the
commissioner is a member, and make a study and general plan of a
statewide system of airports and landing fields;
(21) Provide traffic engineering services to municipalities
of the state upon request of the governing body of any such
municipality and upon such terms as may be agreeably arranged;
(22) Institute complaints before the public service
commission or any other appropriate governmental agency relating to freight rates, car service and movement of road materials and
equipment;
(23) Invoke any appropriate legal or equitable remedies to
enforce his orders, to compel compliance with requirements of law
and to protect and preserve the state road and highway system or
any part thereof;
(24) Make and promulgate rules and regulations for the
government and conduct of personnel, for the orderly and
efficient administration and supervision of the state road
program and for the effective and expeditious performance and
discharge of the duties and responsibilities placed upon him by
law;
(25) Delegate powers and duties to his appointees and
employees who shall act by and under his direction and be
responsible to him for their acts;
(26) Designate and define such construction and maintenance
districts within the state road system as may be found expedient
and practicable;
(27) Contract for the construction, improvement and
maintenance of the roads;
(28) Have authority to comply with provisions of present and
future federal aid statutes and regulations, including execution
of contracts or agreements with and cooperation in programs of
the United States government and any proper department, bureau or agency thereof relating to plans, surveys, construction,
reconstruction, improvement and maintenance of state roads and
highways;
(29) Prepare budget estimates and requests;
(30) Establish a system of accounting covering and including
all fiscal and financial matters of the
department division;
(31) Have authority to establish and advance a right-of-way
acquisition revolving fund, a materials revolving fund and an
equipment revolving fund;
(32) Enter into contracts and agreements with and cooperate
in programs of counties, municipalities and other governmental
agencies and subdivisions of the state relating to plans,
surveys, construction, reconstruction, improvement, maintenance
and supervision of highways, roads, streets, and other travel
ways when and to the extent determined by the
department division
to be expedient and practical;
(33) Report, as provided by law, to the governor and the
Legislature;
(34) Purchase materials, supplies and equipment required for
the state road program and system;
(35) Dispose of all obsolete and unusable and surplus
supplies and materials, which cannot be used advantageously and
beneficially by the
department division in the state road
program, by transfer thereof to other governmental agencies and institutions by exchange, trade or sale thereof;
(36) Investigate road conditions, official conduct of
department division personnel and fiscal and financial affairs of
the
department division and hold hearings and make findings
thereon or on any other matters within the jurisdiction of the
department division;
(37) Establish road policies and administrative practices;
and
(38) Take actions necessary to alleviate such conditions as
the governor may declare to constitute an emergency, whether or
not the emergency condition affects areas normally under the
jurisdiction of the
department division of highways.
NOTE: This bill requires the Commissioner of Highways to
protect private landowners from the flow of surface water from
property acquired by the Division of Highways. The Commissioner
is required for the construction and maintenance of ditches or
drains to divert the surface water. It also makes the Division
of Highways liable for damages.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.