WEST VIRGINIA CODE
§5B-1A-6. Abandoned rights-of-way owned by the state prior to
effective date of article.
(a) No abandoned railroad right-of-way acquired by the state
prior to the effective date of this article and used as a rail
trail may be used for any purpose that would unreasonably limit the
ability to restore rail service over the right-of-way if such
service were to be required in the future.
(b) Any and all abandoned railroad rights-of-way acquired by
the state prior to the effective date of this article are hereby
declared held for railroad transportation purposes as of the date
of acquisition, until, by executive order of the governor, the
right-of-way is declared no longer suitable for a public
transportation purpose as a railroad right-of-way. Such abandoned
railroad rights-of-way shall not revert by operation of law to any
other ownership while being held for future railroad use in
accordance with the provisions of this article.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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