(a) No abandoned railroad right-of-way acquired by the state prior to the effective date of this article and used as a rail trail may be used for any purpose that would unreasonably limit the ability to restore rail service over the right-of-way if such service were to be required in the future.
(b) Any and all abandoned railroad rights-of-way acquired by the state prior to the effective date of this article are hereby declared held for railroad transportation purposes as of the date of acquisition, until, by executive order of the Governor, the right-of-way is declared no longer suitable for a public transportation purpose as a railroad right-of-way. Such abandoned railroad rights-of-way shall not revert by operation of law to any other ownership while being held for future railroad use in accordance with the provisions of this article.
Structure West Virginia Code
Chapter 5B. Economic Development Act of 1985
Article 1A. West Virginia Rails to Trails Program
§5B-1A-2. Rails to Trails Program
§5B-1A-4. Powers and Duties of the Authority
§5B-1A-5. Powers to Hold and Acquire Real Property
§5B-1A-6. Abandoned Rights-of-Way Owned by the State Prior to Effective Date of Article
§5B-1A-7. Railroad Rights-of-Way Preservation
§5B-1A-8. Limitation on Liability of Owner From Whom State Acquires Land or Interest Therein
§5B-1A-9. Limitation on Liability of Persons Making Land Available for Trail Use Without Charge