WEST VIRGINIA CODE
§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
(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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