West Virginia § 17-4-35 Diversion of nonnavigable stream

West Virginia Statutes

§ 17-4-35 — Diversion of nonnavigable stream

West Virginia § 17-4-35

Ch. 17ROADS AND HIGHWAYS

Art. 4STATE ROAD SYSTEM

This text of West Virginia § 17-4-35 (Diversion of nonnavigable stream) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 17-4-35 (2026).

Text

The state road commissioner, incidental to the construction and maintenance of state roads, shall have the power and authority to change or divert any stream of water which is not navigable, in order to avoid or facilitate the crossing thereof, or to economize in the construction or maintenance of any such road, or to protect the same from damage. To effect a change or diversion of any such stream, he may exercise the right of eminent domain.

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The state road commissioner, incidental to the construction and maintenance of state roads, shall have the power and authority to change or divert any stream of water which is not navigable, in order to avoid or facilitate the crossing thereof, or to economize in the construction or maintenance of any such road, or to protect the same from damage. To effect a change or diversion of any such stream, he may exercise the right of eminent domain.