§5B-1A-6. Abandoned rights-of-way owned by the state prior to effective date of article


Published: 2015

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WEST VIRGINIA CODE











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WVC 5B-1A-6

§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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