West Virginia Damage Release (For Fiber Optic Easement)
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FAQ
"Highway" means the entire width between the boundary lines of every way or place open to the use of the public for purposes of vehicular travel in the Commonwealth.
ARTICLE 9. RIGHT-OF-WAY. (a) The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different highway.
The words or terms "road", "public road" or "highway" shall be deemed to include, but shall not be limited to, the right-of-way, roadbed and all necessary culverts, sluices, drains, ditches, waterways, embankments, slopes, retaining walls, bridges, tunnels and viaducts necessary for the maintenance of travel, dispatch ...
Contents 1.2.1 Interstate. 1.2.2 US Route. 1.2.3 WV State Route. 1.2.4 WV County Route. 1.2.5 WV HARP Route. 1.2.6 WV FANS Route. 1.2.7 WV State Park and Forest Route. 1.2.8 US Forest Service Roads.
A thirty (30) foot right-of-way is required.
You should consult with a local attorney about the specifics of WV easement law, but generally, access easements cannot be blocked or obstructed from use. A gate would be OK if you and emergency personnel can get thru. The lock is a bit more problematic. This is where specific local knowledge would be helpful.
