(a) Whenever, in the judgment of the state road commissioner, it is necessary for the safety of the traveling public, or to comply with the safety, design or construction standards for a federal-aid highway project, that a railway-highway crossing at grade be eliminated on an existing highway or avoided on a new highway, relocated highway or extension of an existing highway by separating the grades or relocating an existing highway, the state road commissioner shall make an order to that effect and furnish a copy thereof by registered mail to the State Auditor or attorney of record of the railroad affected by the order.
(b) The commissioner's order shall include at least the following:
(1) A statement describing and locating the railway-highway crossing at grade to be eliminated or avoided; and
(2) A statement of the general plan to be followed in effecting the elimination or avoidance of the specified railway-highway crossing at grade, including general details concerning the following matters:
(A) Whether a new, relocated or extended highway shall pass over or under the railroad right-of-way or tracks; and
(B) The location, grade and width of the grade separation structure or crossing to be constructed and the angle at which the structure or crossing shall meet and converge into the highway bed on either side of the railroad tracks or right-of-way.
(c) Whenever a railroad company affected by the order specified in subsection (a) refuses to enter into a written agreement with the state road commissioner respecting a federal-aid railway-highway project for elimination or avoidance of railway-highway crossings at grade, the commissioner may amend the order made under subsection (a) to incorporate therein insofar as practicable all the details required by the regulations, policies and procedures of the Bureau of Public Roads, United States Department of Commerce, to be included in written agreements between a railroad and a state respecting federal-aid railway-highway projects. The amended order shall be furnished by registered mail to the State Auditor or attorney of record of the railroad affected thereby.
Structure West Virginia Code
Chapter 17. Roads and Highways
§17-4-2. Definitions of Roads Comprising State Road System
§17-4-3. Classification of Roads in State Road System; Reclassification
§17-4-4. Interstate and International Highway Planning
§17-4-5. Right of Eminent Domain
§17-4-6. Cost of Acquiring Rights-of-Way
§17-4-7. Information to Be Filed With Clerk of County Court
§17-4-8. Use of Roadbed by Railroad, Telephone Company, etc.
§17-4-10. Same -- Commissioner's Order to Eliminate, etc., Crossing; Amendment to Order
§17-4-11. Same -- Protest Against Order; Hearing; Appeal
§17-4-12. Same -- Railroad to File Plans, etc., for Separation With Commissioner
§17-4-13. Same -- Bidding Upon Approval of Plans; Work to Be Let to Lowest Responsible Bidder
§17-4-14. Same -- Distribution of Cost Between Railroad and State
§17-4-15. Same -- Rejection of Bids; New Bids; Performance of Work by State or Railroad
§17-4-16. Same -- Payment of State's Share of Cost; Commissioner May Furnish Engineer
§17-4-17. Same -- Maintenance of Work
§17-4-17a. Same -- Relocation or Reconstruction of Existing Grade Separation Structures
§17-4-17b. Relocation of Public Utility Lines on Highway Construction Projects
§17-4-18. Approved Types of Paving to Be Determined and Advertised
§17-4-19. Contracts for Construction, Materials, etc.; Work by Prison Labor, etc.; Bidding Procedure
§17-4-20. Bidder S Bond Required; Return or Forfeiture of Bond
§17-4-21. Form and Signing of Deeds and Contracts Made by Commissioner
§17-4-22. Combination in Restraint of Trade; Persons Limiting Competition in Bidding
§17-4-23. Certificate Showing Constituents of Materials; False Certificates
§17-4-24. Testing and Approval of Materials or Supplies
§17-4-24a. Guardrail Construction
§17-4-25. Acquisition, Establishment and Operation of Quarries, Cement and Other Plants
§17-4-27. Same -- Control of Connecting Parts of State Road System Within Municipalities
§17-4-29. Same -- Taking Over Streets Not to Affect Franchise
§17-4-30. Same -- Taking Over Streets Not to Affect Existing Contracts
§17-4-33. Inspection, Condemnation, etc., of Unsafe Bridges
§17-4-34. Contracts for Interstate Bridges; Report to Governor
§17-4-35. Diversion of Nonnavigable Stream
§17-4-37. State Not to Be Made Defendant in Action for Damages
§17-4-38. Violations of Article; Penalty
§17-4-39. Controlled-Access Facilities -- Defined
§17-4-40. Same -- Authority to Establish, Maintain, Regulate, etc.
§17-4-41. Same -- Design of Controlled-Access Facilities
§17-4-42. Same -- Acquisition of Property and Property Rights
§17-4-43. Same -- New and Existing Facilities; Grade Crossing Eliminations; Consent to Connect
§17-4-44. Same -- Authority to Contract With Other Governmental Agencies
§17-4-45. Same -- Local Service Roads and Streets
§17-4-48. Same -- Regulations by Commissioner
§17-4-52. Same -- Requirements for Objections, Preliminary Determinations and Notices
§17-4-54. Location of Trash and Garbage Collection Containers by Counties and Municipalities
§17-4-55. Rest Area, Welcome Center, Road, and Vehicle Commercial Sponsorship Program