SB 734 — Clarifying powers and duties of DOH in acquiring property for state road purposes

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Red = new code to be enacted WEST virginia legislature regular session IntroducedEnrolled Senate Bill 734 By Senator Clements [Introduced February 7, 2020;

referred to the Committee on Transportation and Infrastructure] AAN BILLACT to amend and reenact §17-2A-17 of the Code of West Virginia, 1931, as amended, relating to clarifying the powers and duties of the Division of Highways in acquiring property for state road purposes to include depth as well as width;

In addition to all other powers given and assigned to the commissioner in this chapter, the commissioner may acquire, either temporarily or permanently, in the name of the state road commission Division of Highways all real or personal property, public or private, or any interests or rights therein, including any easement, riparian right, or right of access, deemed by the commissioner to be necessary for present or presently foreseeable future state road purposes by gift, lease, grant, bequest, devise, agreement, purchase, exchange, right of eminent domain, or other lawful means.

Such real Real property may be acquired in fee simple or in any lesser estate or interest therein, except in the case of a public road, only the right-of-way only shall be acquired.

The acquisition of any and all such real and personal property is hereby declared to be a cost of highway construction.

Nothing in this section shall be deemed to restrict or relinquish restricts or relinquishes any right the state or any agency thereof now or hereafter possesses or may exercise by virtue of the police power or other lawful authority.

(b) Rights-of-way for state roads, including those needed for such roads within municipalities, such rights-of-way to be as wide to such width and depth as deemed necessary for the project by the commissioner and shall include all material therein;

(n) Acquisition of property, or any interest or right therein, for the purpose of exchanging it for other property, or any interest or right therein, which the commission Division of Highways is authorized to acquire by the other provisions of this section:

(1) Money Monetary compensation would be substantially inadequate for the property, or interest or right therein, which the commissioner is authorized to acquire by the other provisions of this section;

and (2) the commission Division of Highways has entered into a written agreement to exchange the substitute property, or the right or interest therein, for the property, or right or interest therein, which is needed for state road purposes, regardless of whether the person who has agreed to accept the exchange has the right to condemn the substitute property, or the right or interest therein;

and (o) Acquisition of real property, not needed as such for a state road, for the purpose of moving and relocating thereon a building or other structure or appurtenance which is situated on a lot or tract of land all or a portion of which is needed for a state road and which, after relocation, will be suitable for the purpose for which it was used prior to its being relocated:

Provided, however, That such additional real property may be acquired by the commissioner by condemnation only if the following conditions are satisfied:

(3) the owner of the real property needed for the state road has entered into a written agreement with the commission Division of Highways to accept in exchange the additional property with the relocated building or structure or appurtenance thereon;

  NOTE:

The purpose of this bill is to clarify the powers and duties of the Division of Highways in acquiring property for state road purposes including depth and to update antiquated language.

A prior Legislature created a hybrid real estate ownership because DOH is not allowed to acquire property in fee.

This bill clarifies that the DOH takes what is necessary for road construction, repair and maintenance.

Historically, DOH has cut through mountains and used the cut material for fill.

The bill states that the Commissioner takes a sufficient area in width and depth to construct a road.

This should allow DOH to continue using fill material taken from one area of the project and use it in another.

This does not include coal, oil or gas deposits.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.