(a) Except as provided in subsection (b) of this section, the commissioner shall utilize the Attorney General for all legal assistance and services as provided by law.
(b) The commissioner may:
(1) Employ a competent legal staff adequate for the ordinary legal services required by him or her and shall provide therefor such quarters, equipment, facilities, services and stenographic and other personnel as may be necessary: Provided, That for purposes of this subdivision, “ordinary legal services” does not include the retention or hiring of outside legal counsel; and
(2) Employ such additional legal counsel as he or she deems necessary upon a reasonable fee basis to perform legal services in acquiring, by right of eminent domain or otherwise, property, or an estate, right or interest therein.
Structure West Virginia Code
Chapter 17. Roads and Highways
Article 2A. West Virginia Commissioner of Highways
§17-2A-5. Disqualifications of Commissioner and Personnel; Vacation of Position
§17-2A-6. Accounting and Auditing; Financial Reports
§17-2A-6a. Independent Performance Audit of the Division of Highways
§17-2A-6b. Country Roads Accountability and Transparency
§17-2A-8. Powers, Duties, and Responsibilities of Commissioner
§17-2A-8a. Authority to Employ Expert Witnesses in Eminent Domain Proceedings; Compensation
§17-2A-8b. Authority to Provide Emergency Road Service
§17-2A-8c. Use of Public Carriage for Designated Employees
§17-2A-8d. Reimbursement for Volunteer Fire Departments
§17-2A-9. Persons Required to Assist Commissioner
§17-2A-11. Road Maps; Digital Road Map
§17-2A-12. Traffic Control Factors; Parking Regulations
§17-2A-13. Purchase or Acquisition of Materials, Supplies and Equipment
§17-2A-14. Disposition of Surplus, etc., Equipment and Materials; Inventories
§17-2A-15. Other Code Provisions Relating to Purchasing Not Controlling; Exceptions
§17-2A-16. Prequalification Disclosure by Vendors; Register of Vendors
§17-2A-17. Acquisition of Property for State Road Purposes; State Road Purposes Defined
§17-2A-17a. Acquisition of Property for Utility Accommodation Purposes; "Utility" Defined
§17-2A-18. Acquisition of Real Property Not Needed for Road Purposes
§17-2A-19. Sale, Exchange, or Lease of Real Property
§17-2A-19a. Transfer of Airspace; Procedures to Be Followed
§17-2A-21. Commissioner Authorized to Contract for Implementation of Litter Control Programs
§17-2A-22. Administration of Engineering and Design Related Service Contracts
§17-2A-23. Administration of Commercial Vehicle and Equipment Related Work Orders
§17-2A-24. Special Employment Procedures for Division of Highways Personnel