W. Va. Code R. § 157-1-6 - Abandonment and Discontinuance of State Roads

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 landmarks 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 or her 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; and

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.

Notes

W. Va. Code R. § 157-1-6