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West Virginia State Land Right-of-Way (3-WV-b)

Information current as of 2018
In West Virginia, a developer may need to obtain a State Land Right-of-Way Easement from the appropriate state agency with jurisdiction over the land. The West Virginia Public Land Corporation (Public Land Corporation) has authority and management control over some state public lands, including leasing and selling public lands. W. VA. Code §5A-11-1(c) (2007), W. VA. Code §5A-11-3(a)(2) (2007). Additionally, the Public Land Corporation has the ability to convey the control over public lands to other state agencies. W. VA. Code §5A-11-3(a)(9) (2007).



State Land Right-of-Way Process

3-WV-b.1 to 3-WV-b.2 — Does the Public Land Corporation Have Jurisdiction Over the Land?

If the Public Land Corporation does not have jurisdiction over the land, the developer should contact the appropriate state agency with jurisdiction over the land to obtain a land right-of-way. All governmental agencies have the authority to lease, lend, or convey land to a public energy authority. W. VA. Code. §5D-1-15 (1985).

3-WV-b.3 — State Land Right-of-Way Application

The developer may need to submit a State Land Right-of-Way Application (Application) to the Public Land Corporation to obtain a right-of-way over state land under the Public Land Corporation’s jurisdiction.

3-WV-b.4 to 3-WV-b.5 —Review Application Materials for Completeness

The Public Land Corporation must review the Application materials for completeness.

3-WV-b.6 to 3-WV-b.7 — Publish Notice of Public Hearing

The Public Land Corporation must hold a public hearing before leasing any land within their jurisdiction. W. VA. Code §5A-11-5(a)(2) (2007). The Public Land Corporation must publish notice between two and three weeks before the scheduled hearing. W. VA. Code §5A-11-5(a)(4) (2007). Any interested party may attend the public hearing and present evidence for the Public Land Corporation to consider. W. Va. Code. §5A-11-5(a)(2) (2007).

3-WV-b.8 to 3-WV-b.9 — Review Application Materials for Approval

The Public Lands Corporation must review the application for approval.

3-WV-b.10 — State Land Right-of-Way

The developer must comply with any restrictions and conditions on the right-of-way.

3-WV-b.11 — Appeal Decision (optional)

Any party may appeal a decision by a West Virginia agency to the West Virginia Supreme Court of Appeals. W.VA. Code §29A-6-1 (1964).


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Edit West Virginia Public Land Corporation
West Virginia Real Estate Division 304-558-3062 Visit Website


Edit West Virginia Public Land Corporation
Administrative Services Assistant 1 (304) 558-1188 ext. 57313 ShellyabbazabbaRabbazabbaEads@wvabbazabbagov Visit Website