reglab/housing_qa huggingface dataset:
WV Code § 5B-1-6 (2021)
2021 West Virginia Code|Chapter 5B. Economic Development Act of 1985|Article 1. Department of Commerce|§5B-1-6. Confidentiality of Information

(a) Information provided to secretary under expectation of confidentiality. -- Information that would be confidential under the laws of this state when provided to a division, agency, board, commission or office within the department is confidential when that information is provided to the secretary or an employee in the office of the secretary. The confidential information may be disclosed only: (1) To the applicable agency, board, commission or division of the department to which the information relates; or (2) in the manner authorized by provisions of this code applicable to that agency, board, commission or division. This confidentiality rule is a specific exemption from disclosure under article one, chapter twenty-nine-b of this code.(b) Interdepartmental communication of confidential information. -- Notwithstanding any provision of this code to the contrary, information that is confidential pursuant to this code in the possession of any division, agency, board, commission or office of the department may be disclosed to the secretary or an employee in the office of the secretary. The secretary or employee shall safeguard the information and may not further disclose the information except under the same conditions, restrictions and limitations applicable to the administrator of the agency, board, commission, division or office of the department in whose hands the information is confidential. This subsection does not require disclosure of individually identifiable health care or other information that is prohibited from disclosure by federal law. This subsection is a specific exemption from the disclosure requirements of article one, chapter twenty-nine-b of this code.(c) The provisions of this section:(1) Apply only to information that is actually disclosed by a division, agency, board, commission or office within a department to the secretary, or an employee in the office of the secretary, of that department;(2) Do not authorize disclosure or exempt from the provisions of article one, chapter twenty-nine-b of this code any confidential information of a division, agency, board, commission or office within a department to any person or entity other than the secretary, or an employee in the office of the secretary, of that department;(3) Apply only to disclosure between a division, agency, board, commission or office within a department and the secretary, or an employee in the office of the secretary, of that department.
WV Code § 5B-1-7 (2021)
2021 West Virginia Code|Chapter 5B. Economic Development Act of 1985|Article 1. Department of Commerce|§5B-1-7. Right of Appeal From Interference With Functioning of Agency

Any governmental entity may appeal to the Governor for review upon a showing that application of the secretary's authority may interfere with the successful functioning of that entity. The Governor's decision controls on appeal.
WV Code § 5B-1A-1 (2021)
2021 West Virginia Code|Chapter 5B. Economic Development Act of 1985|Article 1A. West Virginia Rails to Trails Program|§5B-1A-1. Purpose

The Legislature hereby declares that the long-term value to the public of retaining networks of abandoned railroad corridor lines is substantial, not only for the preservation of corridors for future rail transportation uses, but in terms of providing interim recreational use, providing public open space and linking together other community areas and recreational spaces, providing for efficient and convenient placement of underground utilities and telecommunication lines, providing environmental greenways and wildlife habitat, providing public access to other forms of recreation and improving economic development opportunities associated with all of the above listed multiple uses.
WV Code § 5B-1A-2 (2021)
2021 West Virginia Code|Chapter 5B. Economic Development Act of 1985|Article 1A. West Virginia Rails to Trails Program|§5B-1A-2. Rails to Trails Program

There is continued within the state rail authority provided for in article eighteen, chapter twenty-nine of this code the “West Virginia Rails to Trails Program,” the purpose of which is to acquire or assist with the acquisition of, and to develop or assist with the development of, abandoned railroad rights-of-way for interim use as public nonmotorized recreational trails.
WV Code § 5B-1A-3 (2021)
2021 West Virginia Code|Chapter 5B. Economic Development Act of 1985|Article 1A. West Virginia Rails to Trails Program|§5B-1A-3. Definitions

(1) “Abandoned railroad rights-of-way” means land on which discontinuance of rail service has been authorized by the interstate commerce commission.(2) “Division” means the Division of Tourism and parks.(3) “Nonmotorized recreational trail use” means bicycle, hiking, cross-country skiing, horseback riding, horse drawn wagon, jogging or other similar activities.(4) “Rail bank” means the holding intact of an abandoned railroad right-of-way for future railroad service.(5) “Rail trail” means an abandoned railroad right-of-way utilized in the interim as a public nonmotorized recreational trail.
WV Code § 5B-1A-4 (2021)
2021 West Virginia Code|Chapter 5B. Economic Development Act of 1985|Article 1A. West Virginia Rails to Trails Program|§5B-1A-4. Powers and Duties of the Authority

The state rail authority is authorized to:(1) Enter into agreements with any person on behalf of the state to acquire an interest in any abandoned railroad right-of-way, to develop, maintain or promote any rail trails created pursuant to the provisions of this article and, with the consent of the director of the Division of Natural Resources, to transfer the maintenance and operation of rail trails created and developed to the Division of Natural Resources.(2) Assist any political subdivision or any person in acquiring an interest in any abandoned railroad right-of-way and in developing, maintaining or promoting rail trails.(3) Evaluate existing and potential abandoned railroad rights-of-way so as to identify such lands as may be suitable for nonmotorized recreational trail use.(4) Establish state rail trails, subject to the limitations on acquisition of land for state recreational facilities as set forth in section twenty, article one, chapter twenty of this code.
WV Code § 5B-1A-5 (2021)
2021 West Virginia Code|Chapter 5B. Economic Development Act of 1985|Article 1A. West Virginia Rails to Trails Program|§5B-1A-5. Powers to Hold and Acquire Real Property

(a) The state rail authority shall hold fee simple title or any lesser interest in land, including easements and leaseholds, on all abandoned railroad rights-of-way acquired by the state and utilized for interim nonmotorized recreational trail use pursuant to the provisions of this article. The state rail authority may, at the option of a political subdivision of this state, hold fee simple title or any lesser interest in land, including easements and leaseholds, on all abandoned railroad rights-of-way acquired by such political subdivision and utilized for interim nonmotorized recreational trail use. Any provision of article one-a, chapter twenty of this code to the contrary notwithstanding, the public land corporation shall not be vested with title to any abandoned railroad right-of-way which becomes vested in the state pursuant to the provisions of this article.(b) The state rail authority may acquire an interest in an abandoned railroad right-of-way to be used as a rail trail, in accordance with the provisions of section six, article eighteen, chapter twenty-nine of this code.(c) The state rail authority shall issue a rail bank certificate for each abandoned railroad right-of-way held by the state rail authority for interim nonmotorized recreational purposes in accordance with the provisions of section six of this article.
WV Code § 5B-1A-6 (2021)
2021 West Virginia Code|Chapter 5B. Economic Development Act of 1985|Article 1A. West Virginia Rails to Trails Program|§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.
WV Code § 5B-1A-7 (2021)
2021 West Virginia Code|Chapter 5B. Economic Development Act of 1985|Article 1A. West Virginia Rails to Trails Program|§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 necessary; and(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.
WV Code § 5B-1A-8 (2021)
2021 West Virginia Code|Chapter 5B. Economic Development Act of 1985|Article 1A. West Virginia Rails to Trails Program|§5B-1A-8. Limitation on Liability of Owner From Whom State Acquires Land or Interest Therein

During the interim period when an abandoned railroad right-of-way is held by the state for possible future railroad use, the owner of the railroad right-of-way from whom the state acquired the land or an interest therein is relieved from civil liability for any personal injury or property damage occurring on the right-of-way during such interim period, which might otherwise arise from ownership.
WV Code § 5B-1A-9 (2021)
2021 West Virginia Code|Chapter 5B. Economic Development Act of 1985|Article 1A. West Virginia Rails to Trails Program|§5B-1A-9. Limitation on Liability of Persons Making Land Available for Trail Use Without Charge

(a) General rule. -- Except as specifically recognized or provided in subsection (d) of this section, an owner or lessee who provides the public with land for use as a trail under this article or who owns land adjoining any trail developed under this article owes no duty of care to keep the land safe for entry or use by others for recreational purposes, or to give any warning to persons entering or going on the trail or adjoining land of a dangerous condition, use, structure or activity thereon.(b) Owner. -- Any person, public agency or corporation owning an interest in land utilized for recreational trail purposes pursuant to this article shall be treated as an "owner" for purposes of this article.(c) Specific limitations on liability. -- Except as specifically recognized by or provided in subsection (d) of this section, an owner or lessee who provides the public with land or who owns adjoining land to the trail under this article is not, by providing that trail or land or owning land adjoining the trail:(1) Presumed to extend any assurance that the land is safe for any purpose;(2) Incur any duty of care toward a person who goes on that land; or(3) Become liable for any injury to persons or property caused by an act or an act of omission of a person who goes on that land.(d) Exception. --(1) This section does not apply to the owner or lessee of the land used as a trail if there is any charge made or usually made for entering or using the trail or land, or any part thereof.(2) This section does not apply to the owner of land adjoining a trail if there is any charge made or usually made by the owner of such adjoining land for using the trail or land, or any part thereof, or if any commercial or other activity relating to the use of the trail whereby profit is derived from the patronage of the general public is conducted on such adjoining land, or on any part thereof.(3) The foregoing applies whether the person going on the land provided or adjoining is an invitee, licensee, trespasser or otherwise.(e) This article does not relieve any person of liability which would otherwise exist for deliberate, willful or malicious injury to persons or property. The provisions of this article do not create or increase the liability of any person.
WV Code § 5B-1B-1 (2021)
2021 West Virginia Code|Chapter 5B. Economic Development Act of 1985|Article 1B. Southern West Virginia Lake Development Study Commission|§5B-1B-1. Southern West Virginia Lake Development Study Commission Act

This article shall be known as the "Southern West Virginia Lake Development Study Commission Act."
WV Code § 5B-1B-2 (2021)
2021 West Virginia Code|Chapter 5B. Economic Development Act of 1985|Article 1B. Southern West Virginia Lake Development Study Commission|§5B-1B-2. Legislative Findings

(a) The Legislature finds that the southern coalfields of West Virginia, long one of the most productive coal producing areas of the world, having provided untold millions of dollars to the state economy, and having been the financial backbone of the states economy for over a century, is now in the midst of a long decline in coal production and population, and because of rugged terrain and remoteness from surrounding regions, suffers from high unemployment and deteriorating infrastructure and economic base, and requires innovative and alternative approaches to revitalization; and therefore demands the Legislature look at innovative ideas and alternatives for new industries and businesses that provide sustainable long term development for southern West Virginia.(b) The natural beauty of the mountainous regions, now popular with outdoor enthusiasts for its Hatfield McCoy Trail System, would be an ideal location for a large recreational lake or lakes, constructed with hundreds of miles of lake front property, tens of thousands of acres of lake surface, near a four lane highway and situated near large tracts of developable property, with carefully considered design and development, could create a new and exciting recreational area of the state, and provide a myriad of opportunities for further development and with creative initiative could revitalize this area of our state. Such a proposal is worthy of careful study and marshalling the forces of our state and federal governments to thoroughly evaluate and consider this development, maximizing the design and use of a lake or lake system to provide a variety of benefits, potentially including hydro-electric generation, resort developments, housing, and economic opportunities that would create diversity and renewal to this long neglected and deserving area of our state.
WV Code § 5B-1B-4 (2021)
2021 West Virginia Code|Chapter 5B. Economic Development Act of 1985|Article 1B. Southern West Virginia Lake Development Study Commission|§5B-1B-4. Report to the Legislature

The commission shall provide regular updates to the Legislature, through the Joint Committee on Government and Finance, and shall complete this study and its recommendations by July 1, 2022. The report shall include at a minimum, recommendations for any necessary legislation, funding recommendations, and analysis of the implications and costs associated with the development project provided in this article.
WV Code § 5B-2-1 (2021)
2021 West Virginia Code|Chapter 5B. Economic Development Act of 1985|Article 2. Department of Economic Development|§5B-2-1. West Virginia Department of Economic Development; Confidentiality

(a) The West Virginia Development Office, previously continued from the Governors office of community and industrial development, is hereby continued but is hereafter raised to a separate and distinct department of the executive branch of state government and is designated and shall be known as the West Virginia Department of Economic Development. All references in this code to the West Virginia Development Office, the office of community and industrial development, or the Governors office of community and industrial development shall be construed as references to the West Virginia Department of Economic Development. As used in this article, "Department" means the Department of Economic Development.(b) Any documentary material, data or other writing made or received by the Department of Economic Development or other public body whose primary responsibility is economic development, for the purpose of furnishing assistance to a new or existing business shall be exempt from 29B-1-1 et seq. of this code: Provided, That any agreement entered into or signed by the Department of Economic Development or other public body which obligates public funds shall be subject to inspection and copying pursuant to 29B-1-1 et seq. of this code as of the date the agreement is entered into, signed or otherwise made public.
WV Code § 5B-2-2 (2021)
2021 West Virginia Code|Chapter 5B. Economic Development Act of 1985|Article 2. Department of Economic Development|§5B-2-2. Office of Secretary of Department of Economic Development

(a) The Secretary of the Department of Economic Development is the chief executive officer of the department. The Governor shall appoint the secretary, by and with the advice and consent of the Senate, for the term for which the Governor is elected, and the secretary shall serve at the will and pleasure of the Governor. Any reference in this code to the Executive Director of the West Virginia Development Office means the Secretary of the Department of Economic Development. As used in this article, "secretary" means the Secretary of the Department of Economic Development. Subject to the provisions of the contract provided in 5B-2-4 of this code, the secretary may hire, and fire economic development representatives employed pursuant to 5B-2-5 of this code.(b) The secretary may promulgate rules to carry out the purposes and programs of the Department of Economic Development to include generally the programs available and the procedure and eligibility of applications relating to assistance under the programs. These rules are not subject to Chapter 29A of this code, but shall be filed with the Secretary of State. The secretary may adopt any of the rules previously promulgated by the West Virginia Development Office or the council for community and economic development.
WV Code § 5B-2-3 (2021)
2021 West Virginia Code|Chapter 5B. Economic Development Act of 1985|Article 2. Department of Economic Development|§5B-2-3. Powers and Duties of the Secretary

(a) The secretary shall enhance economic growth and development through the development of a comprehensive economic development strategy for West Virginia. "Comprehensive economic development strategy" means a plan that outlines strategies and activities designed to continue, diversify or expand the economic base of the state as a whole; create jobs; develop a highly skilled workforce; facilitate business access to capital, including venture capital; advertise and market the resources offered by the state with respect to the needs of business and industry; facilitate cooperation among local, regional and private economic development enterprises; improve infrastructure on a state, regional and community level; improve the business climate generally; and leverage funding from sources other than the state, including federal and private sources.(b) The Department of Economic Development shall utilize, to the fullest extent practicable and efficient, existing resources of the Department of Commerce for functions necessary for the operation of the department but which functions are not directly related to the purposes of the department listed in subsection (a) of this section. The Department of Economic Development may enter into such agreements with the Department of Commerce or other agencies of this state as may be necessary or advisable to utilize existing resources of this state.(c) The Secretary of the Department of Economic Development may designate, in writing, a list of positions within the department that shall be exempt from coverage under the states classified service.(d) The Department of Economic Development shall be exempt from 5A-3-1 et seq. of this code.
WV Code § 5B-2-3b (2021)
2021 West Virginia Code|Chapter 5B. Economic Development Act of 1985|Article 2. Department of Economic Development|§5B-2-3b. Economic Development Promotion and Closing Fund

The previously created fund known as the "Development Office promotion fund" is hereby continued but shall hereafter be known as the "Economic Development Promotion and Closing Fund". Moneys deposited in this fund shall be administered by the Department of Economic Development and used solely to promote business formation, expansion, recruitment and retention through aggressive marketing and international development and export assistance, and to provide a fund from which moneys may be drawn to offer certain incentives for business formation or expansion, to provide assistance with respect to site development or other concerns identified by the secretary, and to further facilitate economic development in this state, all of which economic development efforts and initiatives lead to more and better jobs with higher wages for all geographic regions and communities of the state, including rural areas and urban core areas, and for all residents, including minorities.