reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 22. Outdoor Advertising › §17-22-3. Certain Outdoor Advertising Prohibited; When Removal Required

Except as provided in this article, no outdoor advertising sign, display, or device shall be erected or maintained within six hundred and sixty feet of the nearest edge of and visible as to informative content from the right-of-way of any road within the state road system designated and classified for purposes of allocation of federal highway funds as part of the federal-aid interstate or primary systems: Provided, however, That no outdoor advertising sign, display or device lawfully in existence adjacent to the federal-aid interstate or primary systems on September 1, 1965, which does not conform to the requirements of this article, shall be required to be removed until July 1, 1970: Provided further, That no other sign, display, or device lawfully erected which does not conform to the requirements of this article shall be required to be removed until the end of the fifth year after such sign, display or devices becomes nonconforming.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 22. Outdoor Advertising › §17-22-4. General Restrictions as to Outdoor Advertising

The following restrictions shall apply to all advertising signs, displays and devices erected and maintained adjacent to any roads within the state road system, including federal-aid interstate and primary roads.
(1) No advertising sign shall be erected or maintained which involves rapid motion or rotation of the structure or any part thereof: Provided, That an advertising sign that does involve motion or rotation which is not rapid to effect changeable messages shall be permitted in accordance with legislative rules to be proposed by the Division of Highways of the Department of Transportation in accordance with the provisions of article three, chapter twenty-nine-a of this code;
(2) No advertising display or device shall use the word "stop" or "danger" or present or imply the need or requirement of stopping or the existence of danger;
(3) No advertising sign, display or device shall be a copy or imitate a traffic sign or other official sign;
(4) No advertising display or device shall attempt or purport to direct traffic;
(5) No advertising sign shall contain lighting which is not shielded and any lighting shall be of such low intensity as not to cause glare or impair the vision of the operator of any motor vehicle;
(6) No advertising display or device shall be illuminated by any rapid flashing, intermittent light or lights;
(7) No advertising display or device shall be painted, affixed or attached to any natural feature;
(8) No advertising sign, display or device shall hinder the clear, unobstructed view of approaching or merging traffic or obscure from view any traffic sign or other official sign;
(9) No advertising sign, display or device shall be so located as to obscure the view of any connecting road or intersection;
(10) No advertising sign, display or device shall be erected, outside of any municipality, within five hundred feet of any church, school, cemetery, public park, public reservation, public playground or state or national forest except markers for underground utility facilities;
(11) No advertising sign, the permit for which has been applied for subsequent to December 31, 2003, that is composed of stacked sign faces, one on top of the other, on the same structure, facing the same direction, each having more than three hundred square feet is permitted;
(12) No advertising device which is composed of separate sign faces in a side by side formation, on the same structure, facing the same direction, each having an area of more than three hundred square feet is permitted;
(13) No advertising device, the permit for which has been applied for subsequent to December 31, 2003, which contains a sign facing a single direction may have an area greater than six hundred seventy-two square feet: Provided, That cutouts and extensions which expand the area may be allowed to the extent the area is expanded by no more than thirty percent of its original permitted configuration;
(14) No more than one sign structure is permitted at a location.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 22. Outdoor Advertising › §17-22-5. Payment of Compensation Upon Removal of Advertising Signs, Displays or Devices

Just and full compensation shall be paid upon the removal of any outdoor advertising signs, displays or devices, required by the provisions of section three of this article, which are (i) lawfully in existence at and upon the effective date hereof or (ii) lawfully in existence on or after the effective date hereof adjacent to any highway which shall be designated or redesignated as a part of the federal-aid interstate or primary systems or (iii) lawfully erected after the effective date hereof. Such compensation shall be paid for the following: (a) The taking from the owner of such sign, display or device of all right, title and interest in and to the sign, display or device and of the leasehold or other interest if any, related thereto; and (b) the taking from the owner of the real property on which the sign, display or device is located, of the right to lease, erect and maintain such signs, displays and devices thereon.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 22. Outdoor Advertising › §17-22-6. Purchase or Condemnation; Powers of Commissioner of Highways; Payment to Claimants

The Commissioner of Highways is hereby authorized and empowered to make acquisition of all of the property rights and interest specified in section five of this article by purchase at private sale or, in the event he is unable to do so, by proceeding in eminent domain. Upon any such taking or acquisition pursuant to the provisions of this article, just and full compensation for the sign and leasehold interest shall be paid directly to the owner thereof, and just and full compensation for the loss of the right to erect and maintain signs shall be paid directly to the owner of the affected real property. In any condemnation proceeding involving such taking or acquisition by the state, the commissioners or jury shall ascertain the compensation to which the owner of the sign and leasehold interest is entitled, separate and apart from the compensation to which the owner of the real property is entitled, as provided and authorized in section eighteen, article two, chapter fifty-four of this code.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 22. Outdoor Advertising › §17-22-7. Exceptions to Prohibited Signs; Standards for Excepted Signs

The provisions of section three of this article shall not apply to the following: (a) Directional and other official signs and notices required or authorized by law, including, but not limited to, signs and notices pertaining to natural wonders, farm wineries, mini-distilleries, scenic and historical attractions, which such signs and notices shall conform to standards respecting lighting, size, number, spacing and such other appropriate requirements as may be designated and specified by the Secretary of Transportation of the United States: Provided, That the Commissioner of Highways shall not establish any standards respecting lighting, size, number, spacing and other appropriate requirements which are stricter than such standards designated and specified by the Secretary of Transportation of the United States; (b) signs, displays and devices advertising the sale or lease of property upon which they are located; and (c) signs, displays and devices advertising activities conducted on the property on which they are located, including markers of underground utility facilities.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 22. Outdoor Advertising › §17-22-8. Exempted Areas; Agreements Between Commissioner of Highways and United States Secretary of Transportation

In order to promote the reasonable, orderly and effective display of outdoor advertising while remaining consistent with the purposes of this article, signs, displays and devices, whose size, lighting and spacing shall be determined by agreement between the Commissioner of Highways of West Virginia and the Secretary of Transportation of the United States, may be erected and maintained within six hundred sixty feet of the nearest edge of the right-of-way of federal-aid interstate or primary roads, within areas zoned industrial or commercial, or in unzoned commercial or industrial areas, as may be determined by agreement between the Commissioner of Highways of West Virginia and the Secretary of Transportation of the United States: Provided, That any such agreement shall contain a definition of unzoned commercial or industrial areas which reflects existing conditions in this state, such as, without limiting the foregoing, existing land use, availability of land for urban development, topography and accepted zoning practices now prevailing in this state. Any agreement between the Commissioner of Highways and the Secretary of Transportation relating to size, lighting and spacing shall reflect customary usage in this state. Any agreement between the Commissioner of Highways and the Secretary of Transportation defining unzoned commercial or industrial areas, or relating to size, lighting and spacing, shall be no more restrictive than necessary to secure to this state any federal aid contingent upon compliance with federal laws, or federal rules and regulations relating to outdoor advertising, and shall be subject to amendment or rejection by the Legislature of West Virginia: Provided, however, That the terms of any such agreement shall be no more restrictive than those included in any other similar agreement made by the Secretary of Transportation and other states: Provided further, That such agreement shall provide for its modification and amendment in the event and to the extent that the Secretary of Transportation and any other state shall thereafter agree to any provisions which shall be less restrictive. The provisions of this section shall not apply to signs, displays and devices referred to in clauses (b) and (c), section seven of this article.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 22. Outdoor Advertising › §17-22-9. Signs, Displays and Devices Providing Information for the Traveling Public; Location

Signs, displays and devices giving specific information in the interest of the traveling public may be erected and maintained, pursuant to agreement between the Commissioner of Highways and the Secretary of Transportation, within the rights-of-way of highways within the federal-aid interstate system, at appropriate distances from interchanges on such interstate system.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 22. Outdoor Advertising › §17-22-10. Special Fund

There is hereby created a special fund, to the credit of which shall be paid such funds as, from time to time, may be appropriated by the Legislature and all federal funds allocated and distributed to the State of West Virginia in implementation of the provisions of Title 23, United States Code, relating to outdoor advertising, to be administered by the Commissioner of Highways in the enforcement and carrying out of the provisions of this article.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 22. Outdoor Advertising › §17-22-11. Enforcement of Provisions by Commissioner; Rules and Regulations

It shall be the function and duty of the Commissioner of Highways to administer and enforce the provisions of this article, and in the performance of his or her duties hereunder, he or she may assign to division engineers, and other employees in his or her department, such duties as he or she may deem proper. The commissioner is hereby authorized and empowered to promulgate rules and regulations implementing the provisions of this article, including rules and regulations permitting the State of West Virginia to comply with the provisions of Title 23, United States Code, relating to the payment of bonuses for the regulation of outdoor advertising adjacent to the interstate system and the terms and provisions of any agreement heretofore entered into pursuant to law by and between the Commissioner of Highways of West Virginia and the Secretary of Commerce of the United States relating to the payment of such bonuses, any provisions of this article to the contrary notwithstanding.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 22. Outdoor Advertising › §17-22-12. Territory to Which Article Applies; Entries for Examinations and Surveys

The territory under the jurisdiction of the commissioner for the purposes of this article shall include all of the state. The commissioner and all employees under his direction, in the performance of their functions and duties under the provisions of this article, may enter into and upon any land upon which advertising signs are standing or upon which displays or devices are exhibited and make such examinations and surveys as may be relevant.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 22. Outdoor Advertising › §17-22-14. Bond of Out-of-State Licensee

No such license as is provided for in section thirteen of this article shall be granted to any person not residing in this state or to any person having his principal place of business outside the state, or which is incorporated outside the state, until such person shall have furnished and filed with the commissioner a bond payable to the state, with surety approved by the commissioner and in form approved by the Attorney General, in the sum of 2,500, conditioned that such licensee shall fulfill all the requirements of law and observe and obey all requirements of this article. Such bond shall remain in full force and effect so long as any obligations of such license to the state shall remain unsatisfied. All sums received from the forfeiture of any bond or bonds required by this section shall be deposited in the special fund created in section ten of this article and such sums shall be administered as provided by said section ten.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 22. Outdoor Advertising › §17-22-16. Permit Identification Number for Signs; Fastening to Signs

Every permit issued by the commissioner shall be assigned a separate identification number and each permittee shall fasten to each advertising sign or device and each advertising display not posted on an advertising sign a label or marker not larger than two inches by six inches, which shall be furnished by the commissioner, and on which shall be plainly visible the permit number, the expiration date of the permit and the name of the permittee. Permittees shall be charged $5 for each label or marker issued. The construction, erection, operation, use or maintenance of an outdoor advertising sign, display or device without having affixed to it a label or marker shall be prima facie evidence that it has been constructed or erected and is being operated, used or maintained in violation of the provisions of this article.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 22. Outdoor Advertising › §17-22-17. Removal of Signs, etc., After Expiration or Revocation of Permit

All outdoor advertising signs, displays, or devices shall be removed by the permittee within thirty days after the date of the expiration or revocation of the permit for the same. Any permittee failing to remove any such advertising sign, display, or device within said thirty days shall be deemed guilty of a misdemeanor. The provisions of this section shall not apply to signs, displays or devices required to be removed pursuant to the terms and provisions of sections three, five, six and eight of this article.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 22. Outdoor Advertising › §17-22-18. Removal, Defacing, etc., Signs Lawfully Within Highway Limits

Any person who willfully or maliciously displaces, removes, destroys or injures a mile-board, milestone, danger-sign, signal, guide-sign, guidepost, highway sign, or historical marker or any inscription thereon, lawfully within or adjacent to a highway, or who in any manner paints, prints, places, puts or affixes any advertisement upon or to any rock, stone, tree, fence, stump, pole, mile-board, milestone, danger-sign, guide-sign, guidepost, highway sign, historical marker, building or other subject lawfully within the limits of any highway, shall be guilty of a misdemeanor and, shall be punished accordingly.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 22. Outdoor Advertising › §17-22-21. Prohibited Signs Not to Be Allowed by Other Agencies, etc.

No zoning board or commission nor any other public officer or agency shall permit any advertising sign, display, or device which is prohibited under the provisions of this article, nor shall the commissioner permit any advertising sign, display, or device which is prohibited by any other public board, officer or agency in the lawful exercise of its or their powers.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 22. Outdoor Advertising › §17-22-22. Penalties; Signs in Violation of Article Declared Nuisance; Abatement

Any person, violating any provision of this article, whether as principal, agent or employee, for which violation no other penalty is prescribed, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than $50 nor more than $500; and such person shall be deemed guilty of a separate offense for each month during any portion of which any violation of this article is committed, continued or permitted. The erection or maintenance of any outdoor advertising sign, display, or device in violation of any provision of this article is hereby declared to be a public nuisance, and in addition to other remedies provided in this chapter, the state road commissioner or the prosecuting attorney of the county in which such sign, display, or device is located may apply to the circuit court, or other court of competent jurisdiction of the county wherein such sign, display, or device is located, for an injunction to abate such nuisance.
The provisions of this section shall not be deemed to prevent the payment of just compensation for signs, displays or devices required to be removed under sections three, five, six and eight of this article.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 22. Outdoor Advertising › §17-22-23. Availability of Funds to Compensate for Required Removal of Signs, etc.

Notwithstanding any other provision of this article to the contrary, no outdoor advertising sign, display or device shall be removed under the provisions of sections three, five, six or eight of this article unless at the time of such removal there are sufficient funds in the special fund created by section ten of this article to pay the affected parties the just and full compensation required to be paid under the provisions of sections five and six of this article.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 23. Salvage Yards › §17-23-1. Legislative Finding

The Legislature hereby finds and declares that the establishment, operation, maintenance and use of salvage yards in areas adjacent to state roads, including federal-aid interstate and primary roads, is unsightly, visually offensive, depresses the value of the public investment in such roads, detracts from the safety and recreational value of travel thereon and destroys natural beauty, and therefore should be controlled in order to protect the public investment in such highways, to promote the safety and recreational value of public travel thereupon, and to preserve natural beauty.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 23. Salvage Yards › §17-23-3. License Required; Issuance; Fee; Renewal; Disposition of Fees

No salvage yard or any part thereof shall be established, operated or maintained without a state license. The commissioner shall have the sole authority to issue such a state license, and he or she shall charge therefore a fee of $200 payable annually in advance. No license shall be issued to any salvage yard that contains more than one hundred waste tires which are not mounted on wheels on vehicles or machines unless the salvage yard has received a license, permit or approval from the Division of Environmental Protection for storage, use or processing of waste tires or has entered into an agreement with the Division of Environmental Protection for the proper disposal of the waste tires. All licenses issued under this section shall expire on January 1, following the date of issuance. A license may be renewed from year to year upon paying the commissioner the sum of $200 for each renewal. All renewal license fees collected under the provisions of this article shall be deposited in the special fund provided for in section ten of this article.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 23. Salvage Yards › §17-23-5. Requirements as to Fences

Fences shall be kept in good order and repair and no advertisement shall be permitted thereon other than the name of the licensee and the nature of the business conducted on the premises. The height, location, construction, planting, size and composition of any sign or advertisement and maintenance of fences, living or otherwise, shall conform to such rules and regulations as are promulgated with respect thereto by the commissioner.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 23. Salvage Yards › §17-23-6. Payment of Costs of Screening

The costs of screening by fences shall be paid by the salvage yard owner or operator: Provided, That if in the opinion of the commissioner, such screening cannot be accomplished by the usual and ordinary methods, the commissioner may determine and pay such additional costs as are necessary and required to provide effective screening.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 23. Salvage Yards › §17-23-7. Exempt Areas in Municipalities

The provisions of this article shall not apply to salvage yards or any parts thereof within municipalities situated in areas zoned industrial, nor to salvage yards or any parts thereof situated in areas within municipalities not zoned industrial but which the commissioner determines are used for industrial activities. The provisions of section four of this article shall not apply to salvage yards within municipalities in existence on the effective date of this article but not required to be licensed under the former provisions of this article, if the view of said salvage yards is effectively screened from the adjacent road by fences.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 23. Salvage Yards › §17-23-8. Authority of Commissioner to Remove or Purchase Certain Yards; Restrictions on Relicensing at Location Where Yard Terminated

Whenever a salvage yard is so situated that it or any part thereof is or shall be required to be effectively screened by fences as provided in section four of this article, and the said salvage yard or any part thereof cannot, in the opinion of the commissioner, be effectively screened by fences to comply with the provisions of this article, so that the owner or operator of the salvage yard cannot lawfully continue to operate and do business in compliance with the terms hereof, or if a salvage yard has been abandoned, then and only in such events, the commissioner, in addition to all other powers herein conferred, may (1) with the consent of said owner or operator pay the cost of removal of all salvage and equipment from such salvage yard to such other location as the said owner or operator may direct whereon a salvage yard business may be conducted in compliance with the provisions of this article, or (2) purchase at private sale or acquire by proceeding in eminent domain, in accordance with the provisions of chapter fifty-four of this code, all such property rights and interests, other than title to real property, as are necessary and required to effect a lawful termination of the salvage business conducted on any such salvage yard, or on any part thereof.
If any salvage yard at any location is terminated under the provisions of this section or by court order as provided in section nine of this article, the commissioner shall not thereafter license any salvage yard at any such location if such location or any part thereof is (1) within one thousand feet of the nearest edge of the right-of-way of any road within the state road system designated and classified or redesignated and reclassified as expressway, trunkline or feeder, or any road within the state road system designated and classified or redesignated and reclassified for purposes of allocation of federal highway funds as part of the federal-aid interstate or primary systems or (2) within five hundred feet of the nearest edge of the right-of-way of any state local service road unless and until the view of such salvage yard or any part thereof from such state local service road is screened by fences as provided in this article.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 23. Salvage Yards › §17-23-9. Violations Declared Public Nuisance; Abatement; Injunctions; Penalties

The establishment, operation or maintenance of a salvage yard or any part thereof in violation of any provision of this article is hereby declared to be a public nuisance, and the commissioner or the prosecuting attorney of the county in which such salvage yard or any part thereof is located shall apply to the circuit court or other court of competent jurisdiction of the county in which said salvage yard or any part thereof is located, for an injunction to abate such nuisance. The court shall have authority to hear and decide such questions and grant injunctions or such other relief as the court may deem proper.
Any person violating any provision of this article, whether as principal, agent or employee, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than $100 nor more than $1,000; and such person shall be guilty of a separate offense for each month during a portion of which any violation of this article is committed, continued or permitted: Provided, however, That in the event of an appeal from any such conviction, the period between the date a notice of appeal is filed and the date of the final order of the court last considering the appeal shall not be considered a period of continuing in violation of this article.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 23. Salvage Yards › §17-23-10. Special Fund

There is hereby created a special fund, to the credit of which shall be paid such funds as may from time to time be appropriated by the Legislature, all funds received from licenses issued under section three of this article and all federal funds allocated and distributed to the State of West Virginia in implementation of the provisions of Title 23, United States Code, relating to junkyards (salvage yards), to be administered by the commissioner in the enforcement and carrying out of the provisions of this article.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 24A. Disposal of Abandoned Motor Vehicles, Junked Motor Vehicles, and Abandoned or Inoperative Household Appliances › §17-24A-3. Authority to Take Possession of Abandoned Motor Vehicles, Junked Motor Vehicles, and Inoperative Household Appliances

Any enforcement agency which has knowledge of or discovers or finds any abandoned motor vehicle, junked motor vehicle or inoperative household appliance on either public or private property may take it into its custody and possession. For that purpose, the enforcement agency may employ its own personnel, equipment and facilities or hire persons, equipment and facilities for the purpose of removing, preserving and storing abandoned motor vehicles, junked motor vehicles or inoperative household appliances: Provided, That before taking any abandoned motor vehicle or junked motor vehicle into custody and possession from private property, the enforcement agency shall give the private property owner and the owner of the motor vehicle, if ascertainable, a thirty-day notice by registered or certified mail that the action will be taken unless the motor vehicle is restored to a functional use.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 24A. Disposal of Abandoned Motor Vehicles, Junked Motor Vehicles, and Abandoned or Inoperative Household Appliances › §17-24A-5. Disposal of Abandoned Motor Vehicles, Junked Motor Vehicles, and Inoperative or Abandoned Household Appliances

(a) If an abandoned motor vehicle or junked motor vehicle is not reclaimed as provided for in section four of this article, the enforcement agency in possession of the abandoned motor vehicle or junked motor vehicle shall sell it either at a public auction or to a licensed salvage yard or demolisher. The purchaser of the motor vehicle shall take title to the motor vehicle free and clear of all liens and claims of ownership and shall receive a sales receipt from the enforcement agency which disposed of the motor vehicle. The sales receipt at the sale shall be sufficient title only for purposes of transferring the motor vehicle to a licensed salvage yard or to a demolisher for demolition, wrecking or dismantling and no further titling of the motor vehicle shall be necessary by either the purchaser at the auction, the licensed salvage yard or the demolisher, who shall be exempt from the payment of any fees and taxes required under article three, chapter seventeen-a of this code: Provided, That the purchaser at the auction must place the motor vehicle in the possession of a licensed salvage yard or demolisher within twenty days from the date he or she purchased the motor vehicle and the licensed salvage yards or demolisher must demolish, wreck or dismantle the motor vehicle within six months after taking possession of the motor vehicle and if the licensed salvage yard or demolisher does not, the licensed salvage yard or demolisher shall be required to pay all fees and taxes required under article three, chapter seventeen-a of this code.
(b) When an enforcement agency has in its custody and possession inoperative or abandoned household appliances collected in accordance with section seven of this article it shall sell the property from time to time at public auction or to a licensed salvage yard or demolisher.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 24A. Disposal of Abandoned Motor Vehicles, Junked Motor Vehicles, and Abandoned or Inoperative Household Appliances › §17-24A-6. Proceeds From Sale of Abandoned Motor Vehicles, Junked Motor Vehicles, and Inoperative Household Appliances

From the proceeds of any sale, the enforcement agency which sold the abandoned motor vehicle, junked motor vehicle or inoperative household appliance shall reimburse itself for any expenses it may have incurred in removing, towing, preserving and storing said property and the expenses of conducting any auction and any notice and publication expenses incurred pursuant to this article.
Any remainder from the proceeds of the sale of an abandoned motor vehicle or junked motor vehicle after payment of expenses shall be held for the last registered owner of the motor vehicle or any lienholder for ninety days, after which time, if no owner or lienholder claims the remainder, it shall be deposited in the state road fund.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 24A. Disposal of Abandoned Motor Vehicles, Junked Motor Vehicles, and Abandoned or Inoperative Household Appliances › §17-24A-7. Injunctive Relief; Additional Remedy

In addition to all other remedies provided for in this article, the Attorney General of this state, the prosecuting attorney of any county where any violation of any provision of this article occurs or any citizen, resident or taxpayer of the county where any violation of any provision of this article occurs may apply to the circuit court, or the judge thereof in vacation, of the county where the alleged violation occurred for an injunction to restrain, prevent or abate the maintenance and storage of abandoned motor vehicles, junked motor vehicles or inoperative household appliances, in violation of any provision of this article.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 25. The West Virginia Industrial Road Partnership Act of 1989 › §17-25-1. Legislative Finding

The Legislature hereby finds that the continued and future success of the coal industry is greatly dependent upon a quality network of roads and highways. Critical market forces make it imperative for such a road system to be constructed and maintained. It is the responsibility of the state and all industry to form a partnership to accomplish this goal. "Industrial roads," for the purposes of this article, may be construed to include a single bridge or combination of bridges.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 25. The West Virginia Industrial Road Partnership Act of 1989 › §17-25-2. Definitions

(a) "Company" means an individual, partnership or corporation licensed under the laws of the State of West Virginia and engaged in any industrial business.
(b) "Industrial road" means a public road of ten miles or less in length which is vital to transporting of coal, or a road, which upon the designation of the commissioner, is determined to be vital to one or more companies.
(c) "Commissioner" means the commissioner of the department of highways.
(d) "Cost" means all funds needed to do engineering, right-of-way acquisition, construction or upgrading. Upgrading does not mean normal routine maintenance.
(e) "Department" means the department of highways.
(f) "Upgrading" means any work on a highway or bridge which is not routine maintenance.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 25. The West Virginia Industrial Road Partnership Act of 1989 › §17-25-3. Application to Designate Industrial Road

Any company may apply to the commissioner to have a certain road designated an industrial road. The commissioner shall develop an application form. In such application the company shall agree to pay to the department one half of the amount of money needed to bring such road up to the standards needed to become an industrial road. All construction or upgrading to be performed under this article shall be bid out to an independent contractor in such a manner as prescribed in this code. Upon approval of the application by the commissioner the company shall transfer to a special revenue account for the department of highways in the State Treasury as set forth in this article a sum equal to one half of costs needed to upgrade or construct the road to standard or the company shall deliver to the commissioner an irrevocable letter of credit drawn on a bank chartered by the State of West Virginia or the federal government in an amount equal to such cost: Provided, That the company shall transfer the moneys before any construction or upgrading is contracted for.
The department shall then begin the process as outlined in this code to upgrade or construct such public road.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 25. The West Virginia Industrial Road Partnership Act of 1989 › §17-25-4. Industrial Roads; How Designated

The commissioner shall promulgate rules establishing a program for designating industrial public roads in the state. The criteria for such designation shall include:
(a) The economic impact of such road on the coal or other companies which use such public road;
(b) The impact on the citizens which use the road in their daily business; and
(c) The cost of any improvements which would be necessary to bring the road up to standard versus the benefits.
The commissioner shall publicize the program and allow any company to make such application.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 25. The West Virginia Industrial Road Partnership Act of 1989 › §17-25-5. Standards to Be Established by Commissioner

The commissioner shall establish standards for construction and upgrading of industrial roads. In the design of these standards, he shall consult with representatives or organizations which represent companies. The standards shall provide for:
(a) Each road to be at least sixteen feet in width in addition to any berms or shoulders;
(b) Design and construction to handle the weight of coal and other industrial trucks and equipment as transported by the companies;
(c) Giving the citizens of the area a better road to travel;
(d) Having adequate drainage; and
(e) Any other feature which the commissioner determines is necessary to carry out the goals of this article.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 25. The West Virginia Industrial Road Partnership Act of 1989 › §17-25-6. Special Revenue Fund Created

There shall be created in the State Treasury a special revenue fund to be known as the "Industrial Road Construction Fund." The fund shall receive all funds contributed by companies for the construction of approved roads. Only moneys needed to pay the costs of the roads shall be withdrawn, however, the commissioner may use any moneys generated by any earned interest to offset his administrative costs in administering this article.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 25. The West Virginia Industrial Road Partnership Act of 1989 › §17-25-8. Expiration of Article

This article shall expire on December 31, 1992, unless reauthorized by the Legislature of the State of West Virginia: Provided, That if the Governor feels the continuation of this article, before the above mentioned date, would cause a hardship, he may cancel the program. However, any project which is approved by the commissioner shall be completed.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 26. State Road Bonds › §17-26-1. Definitions

For purposes of this article:
(a) "Commissioner" means the West Virginia commissioner of highways continued pursuant to section one, article two-a of this chapter;
(b) "Amendment" means the amendment to the Constitution of this state entitled "Safe Roads Amendment of 1996" as approved by referendum in November, 1996;
(c) "State road bond" means any bond or bonds issued by the state pursuant to section two of this article;
(d) "Division" means the West Virginia Division of Highways established under section one, article two-a, of this chapter, or any successor to all or any substantial part of its powers and duties; and
(e) "Secretary" means the secretary of the West Virginia Department of Transportation.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 26. State Road Bonds › §17-26-2. State Road General Obligation Bonds; Amount; When May Issue

Bonds of the State of West Virginia, under authority of the "Safe Roads Amendment of 1996" of the par value not to exceed in the aggregate $550,000,000, are hereby authorized to be issued and sold for matching available federal funds for highway construction and for general highway construction or improvements in each of the fifty-five counties in this state, as provided for by the Constitution and the provisions of this article. During the fiscal year ending June 30, 1998, the amount of $110,000,000 in bonds may be sold. That same amount is authorized to be sold in each of the next four following fiscal years: Provided, That any amount not sold in a fiscal year may be carried forward and sold in the next fiscal year.
These bonds may be issued by the Governor upon resolution passed by the Legislature authorizing the same. The bonds shall bear the date and mature at the time, bear interest at the rate, be in amounts, be in denominations, be in the registered form, carry registration privileges, be due and payable at the time and place and in amounts, and subject to terms of redemption as the resolution may allow.
Both the principal and interest of the bonds shall be payable in the lawful money of the United States of America and the bonds and the interest thereon shall be exempt from taxation by the State of West Virginia, or by any county, district or municipality thereof, which fact shall appear on the face of the bonds as part of the contract with the holder of the bond.
The bonds shall be executed on behalf of the State of West Virginia, by the manual or facsimile signature of the State Treasurer, under the great seal of the state or a facsimile of the great seal, and countersigned by the manual or facsimile signature of the Auditor of the state.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 26. State Road Bonds › §17-26-3. Creation of Debt Service Fund; Disbursements to Pay Debt Service on State Road General Obligation Bonds

There is hereby created a special account in the State Treasury, which shall be designated and known as the "Safe Road Bond Debt Service Fund", into which shall be deposited any and all amounts appropriated by the Legislature from the state road fund or funds from any source whatsoever which is made liable by law for the purpose of paying the interest on the bonds or paying off and retiring bonds issued pursuant to this article.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 26. State Road Bonds › §17-26-4. Safe Road Bond Debt Service Fund; Sources Used to Pay Bonds and Interest; Investment of Remainder

All funds deposited to the credit of the safe road bond debt service fund shall be kept by the treasurer of the state in a separate account and all money belonging to the fund shall be deposited in the treasury to the credit of the fund.
The fund shall be applied by the treasurer of the state for payments on the principal and interest on bonds sold pursuant to this article as it becomes due and payable. The remainder of the fund, if any, shall be invested by the state Board of Investments in the manner authorized under article six, chapter twelve of this code.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 26. State Road Bonds › §17-26-5. Covenants of State

The state of West Virginia covenants and agrees with the holders of the bonds issued pursuant hereto as follows: (1) That the bonds shall constitute a direct and general obligation of the State of West Virginia; (2) that the full faith and credit of the state is hereby pledged to secure the payment of the principal and interest of the bonds; (3) that an annual state tax shall be collected in an amount sufficient to pay, as it may accrue, the interest on the bonds and the principal thereof; and (4) that the tax shall be levied in any year only to the extent that the moneys transferred to the safe road bond debt service fund as provided in sections three and four, of this article which are irrevocably set aside and appropriated for and applied to the payment of the interest on and principal of any bond becoming due and payable in such year are insufficient therefor.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 26. State Road Bonds › §17-26-6. Sale by Governor; Minimum Price; Certification of Annual Debt Service Amount

The Governor shall sell the bonds herein authorized at a time or times as provided by a resolution enacted by the Legislature. The Governor, in his or her discretion, may, by executive message, request that a resolution be proposed for the issuance of bonds pursuant to this article. The Governor shall determine the manner by which bonds will be sold. On or before June 1 in each fiscal year the commissioner shall certify to the treasurer and secretary of the Department of Tax and Revenue the principal and interest requirement for the following fiscal year on any bonds issued pursuant to this article.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 26. State Road Bonds › §17-26-7. Conflicts of Interest

No part of the proceeds from the sale of bonds under this article may inure to the benefit of or be distributable to the officers, employees of the state except to pay reasonable compensation for services rendered to the state. Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000, or confined in jail not more than one year, or both fined and imprisoned.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 26. State Road Bonds › §17-26-9. Refunding Bonds

Any state road general obligation bonds which are outstanding may at any time be refunded by the issuance of refunding bonds in an amount deemed necessary to refund the principal of the bonds to be refunded, together with any unpaid interest thereon; to accomplish the purpose of the amendment and to pay any premiums and commissions necessary to be paid in connection therewith. Any refunding may be effected whether the state road general obligation bonds to be refunded shall have then matured or shall thereafter mature. Any refunding bonds issued pursuant to this article shall be payable from the safe road bond debt service fund.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 26. State Road Bonds › §17-26-10. Termination or Dissolution

Upon the termination or dissolution of the West Virginia Division of Highways, all rights and properties of the West Virginia Division of Highways with respect to the safe road bond debt service fund shall pass to and be vested in the state, subject to the rights of bondholders, lienholders and other creditors.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 26. State Road Bonds › §17-26-12. Governor to Determine Bond Counsel

The Governor shall select a competent person or firm to serve as bond counsel who shall be responsible for the issuance of a final approving opinion regarding the legality of the sale of general obligation bonds issued pursuant to this article. Notwithstanding the provisions of article three, chapter five of this code, bond counsel may represent the state in court, render advice and provide other legal services as may be requested by the Governor, the secretary or the commissioner regarding any bond issuance pursuant to this article and all other matters relating to the bond issue. The Governor may also, in his or her discretion, select a person or firm to serve as underwriter for any issuance pursuant to this article.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 26. State Road Bonds › §17-26-14. Dedication of Tax

(a) There shall be dedicated an annual amount from the collections of the tax imposed pursuant to section three, article fourteen, chapter eleven of this code, sufficient to pay the principal and interest of any state road bonds issued pursuant to this article.
(b) Beginning in the month of July, in the fiscal year in which bonds are first issued, and monthly thereafter, there shall be deposited into the safe road bond debt service fund an amount equal to one tenth of the projected annual principal, interest requirements, as certified by the commissioner, on all bonds issued pursuant to this article, of the tax collected pursuant to article fourteen, chapter eleven of this code.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 26A. Roads to Prosperity State Road Bonds › §17-26A-1. Definitions

For purposes of this article:
(1) “Commissioner” means the West Virginia Commissioner of Highways continued pursuant to section one, article two-a of this chapter;
(2) “Amendment” means the amendment to the Constitution of this state entitled Roads to Prosperity Amendment of 2017 as approved by referendum in October, 2017;
(3) “State road bond” means any bond or bonds issued by the state pursuant to section two of this article;
(4) “Division” means the West Virginia Division of Highways established under section one, article two-a of this chapter, or any successor to all or any substantial part of its powers and duties; and
(5) “Secretary” means the Secretary of the West Virginia Department of Transportation.