West Virginia § 31G-5-4 Exceptions to the management of vertical real estate

West Virginia Statutes

§ 31G-5-4 — Exceptions to the management of vertical real estate

West Virginia § 31G-5-4

Ch. 31GBROADBAND ENHANCEMENT AND EXPANSION POLICIES

Art. 5VERTICAL REAL ESTATE MANAGEMENT AND AVAILABILITY ACT

This text of West Virginia § 31G-5-4 (Exceptions to the management of vertical real estate) 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 § 31G-5-4 (2026).

Text

Any vertical real estate shall be exempted from management if:

(A)The rental of that vertical real estate would potentially affect the operations of any public safety, emergency management or homeland security operations:Provided,That if there is a showing that a reasonable, technically feasible, nondiscriminatory design can prevent such adverse effect on any public safety, emergency management or homeland security operations then such management may occur; or

(B)It would have an adverse effect on historic preservation of a property:Provided,That if there is a showing that a reasonable, technically feasible, nondiscriminatory, and technologically neutral design or concealment measures can prevent such adverse effect on the property’s historic preservations then such management may occu

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Any vertical real estate shall be exempted from management if:

(A) The rental of that vertical real estate would potentially affect the operations of any public safety, emergency management or homeland security operations:Provided,That if there is a showing that a reasonable, technically feasible, nondiscriminatory design can prevent such adverse effect on any public safety, emergency management or homeland security operations then such management may occur; or

(B) It would have an adverse effect on historic preservation of a property:Provided,That if there is a showing that a reasonable, technically feasible, nondiscriminatory, and technologically neutral design or concealment measures can prevent such adverse effect on the property’s historic preservations then such management may occur.