West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-01 - Rules Relating Generally to Various Functions of the Commissioner of Highways › Section 157-1-6 - Abandonment and Discontinuance of State Roads

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. General. Pursuant to the provisions of
				W. Va. Code §17-2A-8(12), the
				Commissioner of Highways may discontinue, vacate and close any road or highway,
				or any part thereof, where he or she finds the continuance and maintenance of
				any such road unnecessary and improper.
6.2. Petition of Interested Persons. Any
				person whose property or property interests are affected by any road or highway
				subject to the control and jurisdiction of the Commissioner of Highways may
				petition the Commissioner for the abandonment and discontinuance of the road.
				The petition shall describe the road, or portion of the road, in such a fashion
				and by reference to some form of land marks so that it can be readily located
				by Division of Highways' personnel; the petition shall state the reasons why
				the petitioner wants the road abandoned; and the petitioner shall sign his or
				her full name and provide his mailing address.
6.3. Hearing. Upon receiving a petition for
				the abandonment of a road, the Commissioner may, if he or she deems it
				necessary or desirable, or shall, if the petitioner so requests, set the matter
				for a hearing as provided in section 3 of this rule, and upon the basis of the
				evidence produced at the hearing, the Commissioner will determine whether the
				road or portion of the road should be abandoned. If requested by the petitioner
				or if the Commissioner in his or her discretion deems it advisable, a notice of
				the proposed abandonment of said road shall be advertised in a newspaper of
				general circulation in the county in which the road is located as a Class I
				legal advertisement advising any person having objections to the proposed
				abandonment to notify the Commissioner by registered letter at least 10 days
				prior to said date of the proposed abandonment of his or her desire for a
				hearing. In which event the Commissioner shall set a hearing at the earliest
				convenient time. If a public hearing is requested, the time and place of said
				hearing shall be advertised in the same manner as above set forth.
6.4. Investigation by Commissioner. The
				Commissioner of Highways may on his or her own motion, cause an investigation
				to be made of any road or highway, and upon the basis of the information
				produced, determine whether it is in the best interests of the state for a
				road, or a part of a road, to be abandoned and discontinued, and if he or she
				finds that it is in the best interests of the state so to do, he or she may
				abandon and discontinue the same. Where an investigation is made by the
				Commissioner prior to a hearing, as provided for in the preceding section, the
				Commissioner shall produce the findings of the investigation at the hearing and
				allow all other interested parties to either rebut or support his or her
				findings.
6.5. Abandonment by
				Commissioner's Order. In every case where the Commissioner of Highways
				determines that it is in the best interests of the state to abandon and
				discontinue a road or portion of a road, he or she shall abandon, discontinue,
				vacate or close it by a formal Commissioner's Order, duly entered in the
				permanent Commissioner's Order Book as provided for in section 1 of this rule.
				Any such road or portion of a road shall be abandoned as of the date the
				Commissioner's Order is entered in the Commissioner's Order Book.
6.6. Copies of Commissioner's Order of
				Abandonment. The Commissioner shall send a certified copy of any order wherein
				a road or a part of a road is abandoned, discontinued, vacated or closed to the
				following persons:
6.6.a. The office of the
				District Manager of the District where the road is located, which order shall
				be available for public inspection during all normal business hours;
6.6.b. The Clerk of the County Commission of
				the county where the abandoned road is located;
6.6.c. Any person who has notified the
				Commissioner that his or her personal or property interests may be affected by
				the abandonment, discontinuance, vacating or closing of the road in
				question.