§5B-1A-7. Railroad rights-of-way preservation

Published: 2015

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WVC 5B-1A-7

§5B-1A-7. Railroad rights-of-way preservation.

(a) Upon receipt of a notice to abandon a railroad right-of-

way by the owner thereof, the commissioner may enter into an

agreement with the owners of the railroad right-of-way to preserve

intact the railroad right-of-way for a period of time not to exceed

three months to afford the state sufficient time to evaluate the

potential for use by the state for the purposes of this article,

and the funds available for acquisition.

(b) With regard to any land or an interest therein actually

acquired by the state pursuant to the provisions of this article:

(1) Every specifically identified railroad right-of-way,

including all bridges still in place, shall remain intact except

for necessary modifications required to adapt the right-of-way for

use as a nonmotorized recreational trail, except for where it is

necessary for a motorized vehicle to cross the trail;

(2) Any abandoned railroad right-of-way shall be used solely

for nonmotorized recreational purposes, subject to such

right-of-way being made available for future rail use, if

necessary; and

(3) Any abandoned railroad right-of-way acquired by the state

pursuant to the provisions of this article shall be deemed to be

held for railroad use and in continuation of the railroad easement

and shall not revert by operation of law to any other ownership

during the term of the agreement or during the term of a rail bank

certificate issued pursuant to section five of this article.

Note: WV Code updated with legislation passed through the 2015 Regular Session

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