West Virginia Right of Way refers to the legal concept that determines the rights and responsibilities of individuals or entities to use and access land or property belonging to another person. It establishes the rules governing the use of these areas and ensures safety, efficiency, and fairness in their utilization. In West Virginia, there are several types of Right of Way: 1. Highway Right of Way: This refers to the area of land designated for constructing and maintaining public roads, highways, or streets. It includes the actual roadway, shoulders, medians, and adjacent areas necessary for the road's proper functioning. The West Virginia Division of Highways manages and maintains these right of ways to ensure safe and efficient transportation for motorists. 2. Easement Right of Way: An easement is a legal right to use another person's land for a particular purpose without possessing it. In West Virginia, different types of easements may exist, such as utility easements, which grant utility companies access to construct, repair, or maintain utility lines running across private properties. Easements can also be established for other purposes like drainage, ingress, or egress. 3. Railroad Right of Way: West Virginia has a rich history of rail transportation, and railroad right of way refers to the land reserved for the construction, operation, and maintenance of railroad tracks and associated facilities. These rights of way are typically owned by the railroad companies and provide safe passage for trains throughout the state. 4. Pedestrian and Bike Path Right of Way: As West Virginia promotes a healthy lifestyle and outdoor activities, pedestrian and bike paths have become increasingly important. Right of way for these paths ensures safe passage for pedestrians and cyclists, allowing them to enjoy the scenic beauty of the state while promoting physical activity and reducing vehicular congestion. 5. Waterway Right of Way: West Virginia is abundant in rivers, streams, and lakes, which necessitates the establishment of waterway right of ways. These rights of way govern the use of water bodies for recreational activities, boating, fishing, or other water-related purposes. It is essential to understand West Virginia Right of Way laws and regulations to avoid potential legal issues and conflicts. The West Virginia Division of Highways and other relevant government agencies provide guidelines and resources to help property owners, developers, and the public navigate these complexities and ensure compliance with applicable regulations.
West Virginia Right of Way
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Traffic Regulations and Laws of the Road § 17C-3-4. Obedience to traffic-control devices; official signs to be in proper position, etc.; penalty.
A thirty (30) foot right-of-way is required.
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.
Sometimes homeowners want to understand if they can remove an easement from their property or can a property owner block an easement. If the intent is to prevent or obstruct the use of the easement, the answer is probably no.
Vehicle entering highway from private road or driveway. The driver of a vehicle about to enter or cross a highway from a private road or driveway shall yield the right-of-way to all vehicles approaching on said highway.
§17C-9-2. Vehicle turning left at intersection. §17C-9-3. Vehicle entering through highway or stop intersections.
§17C-14-9. Following authorized emergency vehicles; penalty. §17C-14-9a. Approaching authorized emergency vehicles; penalties.
§17C-16-9. Operation without certificate or failure to produce certificate; penalty for misdemeanor. Next§17C-17-1. Unlawful to exceed size and weight limitations; application of article to fire apparatus, farm machinery, etc.;"operate a vehicle or combination of vehicles" construed.
