Bill Text: WV HB3102 | 2011 | Regular Session | Introduced
Bill Title: Granting access to unused property of the Department of Highways to certain real property owners
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-02-11 - To House Roads and Transportation [HB3102 Detail]
Download: West_Virginia-2011-HB3102-Introduced.html
A BILL to amend and reenact §17-4-47 of the Code of West Virginia, 1931, as amended, relating to granting access to unused property of the Department of Highways to real property owners within a one mile radius of the land.
§17-4-47. Access from commercial, etc., property and subdivisions to highways -- Purposes of regulation; right of access; provisions inapplicable to controlled-access facilities; removal of unauthorized access; bond for access.
(a) Reciprocal access between state highways and real property used or to be used for commercial, industrial or mercantile purposes and reciprocal access between state highways and real property that is subdivided into lots is a matter of public concern and shall be regulated by the Commissioner of Highways to achieve the following purposes:
(1) To provide for maximum safety of persons traveling upon, entering or leaving state highways;
(2) To provide for efficient and rapid movement of traffic upon state highways;
(3) To permit proper maintenance, repair and drainage of state highways; and
(4) To facilitate appropriate public use of state highways.
(b) Except where the right of access has been limited by or pursuant to law, every owner or occupant of real property abutting upon any existing state highway has a right of reasonable means of ingress to and egress from such state highway consistent with those policies expressed in subsection (a) of this section and any regulations issued by the commissioner under section forty-eight of this article.
(c) Except where the right of access has been limited by or pursuant to law, every owner or occupant of real property abutting upon or an owner of real property within a one mile radius of any existing unused state highway land may apply to the commissioner for the right to make a non-commercial and non-political use of the unused land. Appropriate use of the land may include, but is not limited to:
(1) Beatification of land by mowing and bailing of the hay, ditch or stream maintenance and litter removal;
(2) Residential gardening; and
(3) Other limited use of the property approved by the commissioner.
(d) If the construction, relocation or reconstruction of any state highway, to be paid for, in whole or in part, with federal or state road funds, results in the abutment of real property as defined in subsection (a) of this section on the state highway that did not previously abut on it, no rights of direct access shall accrue because of such abutment. However, the commissioner may authorize or limit access from an abutting property if the property is compatible with the policies stated in subsection (a) of this section and any regulations issued by the commissioner as authorized by section forty-eight of this article.
NOTE: The purpose of this bill is to grant access to unused property of the Department of Highways to real property owners within a one mile radius of the land for purposes of beautifucation and other limited uses approved by the commissioner.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.