West Virginia Code
Article 1. Right of Eminent Domain
§54-1-12. Facilities for Moving Fuel Coal to Coal Fired Steam Electric Power Plants

The owner or operator of a coal fired steam electric power plant, the output of which plant is for public use, shall have the right to construct, maintain and operate roads and rail facilities for transporting fuel coal to such power plant as a part of said plant and the same shall be considered to be for public use.