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West Virginia Legislature enacts orphan roads and bridges acquisition program

March 04, 2025 | Introduced Bills, House Bills, 2025 Bills, West Virginia Legislation Bills, West Virginia


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West Virginia Legislature enacts orphan roads and bridges acquisition program
On March 4, 2025, the West Virginia State Legislature introduced House Bill 3121, aimed at addressing the issue of orphan roads and bridges across the state. This legislation seeks to establish a clear framework for the identification, acquisition, and maintenance of these neglected infrastructure elements, which are not currently maintained by any governmental agency.

The bill outlines specific criteria for roads and bridges to qualify for inclusion in the state system. To be eligible, the infrastructure must have existed as of January 1, 2025, must not exceed certain length limitations—one-tenth of a mile for roads and two-tenths of a mile for bridges—and must provide access to both residential housing and a West Virginia-owned business. Additionally, all necessary rights-of-way must be either dedicated or donated to the West Virginia Division of Highways.

A significant feature of House Bill 3121 is the establishment of a straightforward electronic request form for the public to report orphan roads and bridges. The Division of Highways will be responsible for investigating these submissions in the order they are received, ensuring that at least 20 requests are approved each year. The bill also includes a provision for individuals or entities to donate funds to cover the costs of acquiring rights-of-way that have not been dedicated or donated.

The legislation has sparked discussions regarding its potential economic and social implications. Proponents argue that maintaining these roads and bridges is crucial for the well-being of local communities and the promotion of West Virginia-owned businesses. However, some critics have raised concerns about the feasibility of the funding mechanisms and the administrative burden on the Division of Highways.

House Bill 3121 includes a sunset provision, which means it will expire ten years after its enactment unless renewed. This aspect has been a point of contention, with some lawmakers advocating for a longer-term commitment to the program.

As the bill progresses through the legislative process, its impact on West Virginia's infrastructure and local economies will be closely monitored. The outcome of this legislation could set a precedent for how the state addresses similar issues in the future, highlighting the importance of maintaining essential public infrastructure for community development.

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This article is based on a bill currently being presented in the state government—explore the full text of the bill for a deeper understanding and compare it to the constitution

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