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17-16-1 |
Ch. 17 — ROADS AND HIGHWAYS |
Obstructions |
Obstructions Defined; Abatement by Injunction |
Obstructions, within the meaning of this chapter, shall include trees which have been cut or have fallen either on adjacent land or within the bounds of a publi… |
Proofed
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17-16-2 |
Ch. 17 — ROADS AND HIGHWAYS |
Obstructions |
Duty of Landowner, Occupant and Public Utility to Remove Obstructions and Fill Excavations |
It shall be the duty of the owner or occupant of land situated along any state or county-district road to remove all obstructions within the bounds of the road … |
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17-16-3 |
Ch. 17 — ROADS AND HIGHWAYS |
Obstructions |
Right of Commission or County Road Engineer to Remove Obstructions; Proceedings; Expenses |
If such obstructions, poles, wires or pipe lines are not removed, or such poles with wires reset, or such excavations are not properly filled and maintained, or… |
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17-16-4 |
Ch. 17 — ROADS AND HIGHWAYS |
Obstructions |
Assessment and Collection of Costs of Removing Obstructions |
The state road commission by its engineer or engineers in charge, as to state roads, and the county road engineer or supervisor, as to county-district roads, sh… |
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17-16-5 |
Ch. 17 — ROADS AND HIGHWAYS |
Obstructions |
Liability for Failure to Remove Obstructions |
If any obstruction, such as is mentioned in section one of this article, be not removed by the person who, by himself or agent, caused the same, within ten days… |
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17-16-6 |
Ch. 17 — ROADS AND HIGHWAYS |
Obstructions |
Permit by Commission or County Court for Openings in, or Structures on, Public Roads |
No opening shall be made in any state or county-district road or highway, nor shall any structure be placed therein or thereover, nor shall any structure, which… |
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17-16-7 |
Ch. 17 — ROADS AND HIGHWAYS |
Obstructions |
Certain Permits or Franchises Prohibited |
It shall be unlawful for any county court of this State, or other tribunal acting in lieu thereof, to grant any permit or franchise to any corporation, individu… |
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17-16-8 |
Ch. 17 — ROADS AND HIGHWAYS |
Obstructions |
Duty of Railroad Company to Keep Road in Good Condition |
Every railroad company heretofore or hereafter incorporated which has, by the building of its road, or otherwise, obstructed, or shall hereafter obstruct, any s… |
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17-16-9 |
Ch. 17 — ROADS AND HIGHWAYS |
Obstructions |
Private Driveways or Approaches to Roads; Obstruction of Ditches |
The owner or tenant of land fronting on any state road shall construct and keep in repair all approaches or driveways to and from the same, under the direction … |
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17-17-1 |
Ch. 17 — ROADS AND HIGHWAYS |
Toll Bridges |
Toll Prohibited Except Over Toll Bridges |
No tolls shall be charged or collected for travel upon any of the public roads, streets or highways of this State, except such tolls as may be authorized under … |
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17-17-2 |
Ch. 17 — ROADS AND HIGHWAYS |
Toll Bridges |
Bridges Over Ohio, Great Kanawha or Big Sandy Rivers; Corporations for Such Purposes |
Corporations may be formed under the provisions of chapter thirty-one of this Code for the purpose of bridging the Ohio river. Any such corporation or any railr… |
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17-17-3 |
Ch. 17 — ROADS AND HIGHWAYS |
Toll Bridges |
Bridge Corporation May Borrow Money Mortgage or Deed of Trust |
Every corporation formed under the law of this State for the purpose of the construction and maintenance of a bridge or bridges, in addition to the powers here … |
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17-17-4 |
Ch. 17 — ROADS AND HIGHWAYS |
Toll Bridges |
When Such Bridge a Nuisance; Abatement |
Every bridge across the Ohio river hereafter erected or commenced, wholly or in part within the jurisdiction of this State, contrary to the provisions of the tw… |
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17-17-5 |
Ch. 17 — ROADS AND HIGHWAYS |
Toll Bridges |
Obstruction of Navigation by Bridge |
Every such bridge shall be so made as not to obstruct the navigation of the watercourse over which it is erected at any ordinary stage of water. |
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17-17-6 |
Ch. 17 — ROADS AND HIGHWAYS |
Toll Bridges |
Unsafe Toll Bridge |
Whenever complaint is made to the county court of any county wherein a toll bridge is, that the same is not in a safe condition, it shall order its road enginee… |
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17-17-7 |
Ch. 17 — ROADS AND HIGHWAYS |
Toll Bridges |
Purchase, Construction or Repair of Toll Bridge |
When it is necessary to build or repair a toll bridge on any county-district road, or to purchase any existing toll bridge on such road within any county, or ac… |
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17-17-8 |
Ch. 17 — ROADS AND HIGHWAYS |
Toll Bridges |
Termination of Privilege to Erect and Maintain Toll Bridge; Toll Rates |
When a certificate of incorporation is hereafter obtained for the erection of a toll bridge, if the work be not commenced within one year from the date thereof,… |
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17-17-9 |
Ch. 17 — ROADS AND HIGHWAYS |
Toll Bridges |
Toll Rates for Troops |
The tolls for troops or persons in the military or naval service of this State, or of the United States, with their arms, munitions and baggage, shall not excee… |
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17-17-10 |
Ch. 17 — ROADS AND HIGHWAYS |
Toll Bridges |
Prepayment of Tolls |
The proprietor of any toll bridge may require lawful toll to be paid previously to a passage thereover. But if there be demanded at any such bridge more than is… |
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17-17-11 |
Ch. 17 — ROADS AND HIGHWAYS |
Toll Bridges |
Gatekeeper to Keep Small Change |
A gatekeeper on any toll bridge shall keep such money of small denomination on hand, as may reasonably be required in the ordinary course of business, for makin… |
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17-17-12 |
Ch. 17 — ROADS AND HIGHWAYS |
Toll Bridges |
Prompt Passage; Penalty |
If at an toll bridge there be a failure to give any person or property a passage over the same in a reasonable time, the proprietor thereof shall forfeit to suc… |
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17-17-13 |
Ch. 17 — ROADS AND HIGHWAYS |
Toll Bridges |
State Bridge Commission; Definitions |
As used in this and the following sections of this article, the word “bridge” shall be deemed to include all property, rights and franchises relating thereto, i… |
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17-17-14 |
Ch. 17 — ROADS AND HIGHWAYS |
Toll Bridges |
Same; Creation; Appointment, Qualifications and Salary of Members; Employees |
There shall be a commission known as the “West Virginia Bridge Commission,” which shall be a corporation, and as such may sue and be sued, plead and be impleade… |
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17-17-15 |
Ch. 17 — ROADS AND HIGHWAYS |
Toll Bridges |
Same; Authority to Purchase Toll Bridges |
The commission may purchase, when ever it shall deem such purchase expedient, but solely by means of or with the proceeds of the bridge revenue bonds hereinafte… |
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17-17-16 |
Ch. 17 — ROADS AND HIGHWAYS |
Toll Bridges |
Same; Repair of Toll Bridge Before Purchase |
At or before the time any such bridge shall be acquired by purchase by the commission, it shall determine what repairs, replacements, additions or betterments w… |
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17-17-17 |
Ch. 17 — ROADS AND HIGHWAYS |
Toll Bridges |
Same; Construction of Toll Bridge; Purchase of Land, Etc., Therefor |
The commission may construct, whenever it shall deem such construction expedient, but solely by means of or with the proceeds of the bridge revenue bonds herein… |
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17-17-18 |
Ch. 17 — ROADS AND HIGHWAYS |
Toll Bridges |
Same; Power of Eminent Domain |
Whenever it shall become necessary, the commission may condemn any interest, franchise, right of privilege, land or improvement which may in its opinion be nece… |
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17-17-19 |
Ch. 17 — ROADS AND HIGHWAYS |
Toll Bridges |
Same; Bridge Revenue Bonds; Proceeds |
The commission may pay the cost as de fined hereinabove of any one or more such bridges by the issuance of bridge revenue bonds of the State, by a resolution of… |
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17-17-20 |
Ch. 17 — ROADS AND HIGHWAYS |
Toll Bridges |
Same; Trust Agreement Respecting Bonds |
The commission may enter into an agreement or agreements with any trust company or with any bank having the powers of a trust company, either within or outside … |
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17-17-21 |
Ch. 17 — ROADS AND HIGHWAYS |
Toll Bridges |
Same; General Supervision of Bridges Under Its Jurisdiction |
The commission shall properly maintain, repair, operate, manage and control the bridges, fix the rates of tolls and establish by-laws and rules and regulations … |
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17-17-22 |
Ch. 17 — ROADS AND HIGHWAYS |
Toll Bridges |
Same; Tolls to be Charged; Disposition Thereof |
Tolls shall be fixed, charged and collected for transit over such bridges and shall be so fixed and adjusted, in respect of the aggregate of tolls from the brid… |
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17-17-23 |
Ch. 17 — ROADS AND HIGHWAYS |
Toll Bridges |
Same; When Tolls to Cease |
When the particular bonds issued for any bridge or bridges and the interest thereon shall have been paid, or a sufficient amount shall have been provided for th… |
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17-17-24 |
Ch. 17 — ROADS AND HIGHWAYS |
Toll Bridges |
Same; Construction of State Bridge Commission Law in Relation to State Debt |
Nothing in this article contained shall be so construed or interpreted as to authorize or permit the incurring of state debt of any kind or nature as contemplat… |
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17-17-25 |
Ch. 17 — ROADS AND HIGHWAYS |
Toll Bridges |
Same; State Bridge Commission Law a Alternate Method; Construction of Competitive Bridge |
Sections thirteen to twenty-eight, inclusive, of this article shall be deemed to provide an additional and alternative method for the doing of the things author… |
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17-17-26 |
Ch. 17 — ROADS AND HIGHWAYS |
Toll Bridges |
Same; When Consent of Other Officers and Boards Not Required |
It shall not be necessary to secure from any officer or board not named in this article any approval or consent or any certificate or finding, or to hold an ele… |
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17-17-27 |
Ch. 17 — ROADS AND HIGHWAYS |
Toll Bridges |
Same; State Bridge Commission Law to be Liberally Construed |
Sections thirteen to twenty-eight, inclusive, of this article, being necessary for the health, welfare and convenience of the citizens of the State, shall be li… |
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17-17-28 |
Ch. 17 — ROADS AND HIGHWAYS |
Toll Bridges |
Same; Provisions of State Bridge Commission Law Separable |
The provisions and parts of sections thirteen to twenty-eight, inclusive, of this article are separable and are not matters of mutual essential inducement, and … |
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17-18-1 |
Ch. 17 — ROADS AND HIGHWAYS |
Ferries and Wharves |
Ferries; Discontinuance by Disuse |
Every ferry established and not discontinued before this Code takes effect may continue to be kept. But if any such ferry, or any ferry that may hereafter be es… |
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17-18-2 |
Ch. 17 — ROADS AND HIGHWAYS |
Ferries and Wharves |
Application for Establishment of Ferry; Notice |
A person desiring to establish a ferry across any watercourse, whether it be a stream bounding the State or not, who owns or has contracted for the use of land … |
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17-18-3 |
Ch. 17 — ROADS AND HIGHWAYS |
Ferries and Wharves |
View of Ferry Site |
The county court, after notice has been given as aforesaid, shall appoint two or more viewers, or a committee of their own body, to view the place and report th… |
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17-18-4 |
Ch. 17 — ROADS AND HIGHWAYS |
Ferries and Wharves |
Decision on Application |
Upon such report, and on any other proper evidence, the court may reject the application, or may, unless the watercourse at such place be the division line betw… |
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17-18-5 |
Ch. 17 — ROADS AND HIGHWAYS |
Ferries and Wharves |
Ferry Where Watercourse County Boundary |
If, however, the watercourse be such division line, and the court be of opinion that the application ought to be granted, they shall certify such opinion to the… |
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17-18-6 |
Ch. 17 — ROADS AND HIGHWAYS |
Ferries and Wharves |
Unauthorized Ferry; Penalty |
If any person or corporation shall, without having obtained the privilege to do so, as provided in the four next preceding sections, establish, keep or maintain… |
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17-18-7 |
Ch. 17 — ROADS AND HIGHWAYS |
Ferries and Wharves |
Operation of Private Boats |
The preceding section shall not be construed to prevent a person from going across any watercourse in his own boat, or taking therein his own property, or the m… |
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17-18-8 |
Ch. 17 — ROADS AND HIGHWAYS |
Ferries and Wharves |
Forfeiture for Unlawful Transportation |
In the case of a watercourse over which there is a lawfully established ferry, if any person, his horse or carriage, be unlawfully transported for reward over s… |
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17-18-9 |
Ch. 17 — ROADS AND HIGHWAYS |
Ferries and Wharves |
Ferry Landings |
The proprietor of every ferry shall have a convenient wharf or landing made so as to be firm and dry. He shall also put up and maintain, at or near each landing… |
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17-18-10 |
Ch. 17 — ROADS AND HIGHWAYS |
Ferries and Wharves |
Establishment of Wharf at Public Landing; Regulation |
Any person desiring the privilege of erecting a wharf at or on any public landing, not a part of a state road, may present a petition to the county court of suc… |
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17-18-11 |
Ch. 17 — ROADS AND HIGHWAYS |
Ferries and Wharves |
Wharf or Pier on Land Along Watercourse; Abatement |
Any person owning land upon a watercourse may erect a wharf on the same, or a pier or bulkhead in such watercourse, opposite his land, provided the navigation b… |
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17-18-12 |
Ch. 17 — ROADS AND HIGHWAYS |
Ferries and Wharves |
Duty to Have Boats and Hands at Ferry Within Six Months After Order Establishing It; Cessation of Rights |
If any person to whom leave may be granted to establish a ferry shall not, within six months thereafter, have at such ferry the number and kind of boats, and th… |
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17-18-13 |
Ch. 17 — ROADS AND HIGHWAYS |
Ferries and Wharves |
Ferry Permit; Bond; Duties of Ferryman; Hours |
The proprietor of every ferry shall keep at the same the number and kind of boats, and the number of competent hands prescribed by the order under which such fe… |
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