Whenever in his judgment 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, the state road commissioner may require any railroad company, owning, controlling or operating a railroad in this state, to eliminate railway-highway crossings at grade on existing highways and to avoid railway-highway crossings at grade on new highways, relocated highways and extensions of existing highways by separating the grades or by relocating an existing highway. The commissioner may determine the location, design and grade for any project or structure for the elimination or avoidance of railway-highway crossings at grade, and may determine whether a new, relocated or extended highway shall pass over or under the railroad right of way or tracks. The railroad company shall not be required to bear any part of the cost of construction or maintenance of such grade separation, except where the separation structure eliminates an existing grade crossing.
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