West Virginia Right of Way Notice to Tenant

State:
Multi-State
Control #:
US-OG-1127
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Word; 
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Description

This form is a right of way notice to tenant.

The West Virginia Right of Way Notice to Tenant is a legal document that stipulates the rights and obligations of tenants residing on a property subject to a right of way agreement. This notice serves as a formal communication from the landlord or property owner to inform the tenant about the presence of a right of way on the property and the potential implications it may have on their tenancy. The right of way refers to the legal authorization granted to an individual or entity to pass through or access another person's property. It usually pertains to utility companies, government agencies, or other authorized parties who need access to install, maintain, or repair infrastructure such as power lines, pipelines, or roadways. This agreement ensures that these entities can fulfill their obligations while safeguarding the tenant's rights. In West Virginia, there are different types of Right of Way Notice to Tenant, namely: 1. Utility Right of Way Notice: This notice is specific to situations where utility companies require access to a property to install or repair utility infrastructure. It outlines the extent of the utility company's rights and the tenant's responsibilities to facilitate the necessary work. 2. Government Right of Way Notice: In cases where government agencies seek permission to construct or maintain public facilities, such as roads or public transportation systems, this notice is issued to tenants. It outlines the tenant's rights, restrictions, and the compensation process, if applicable. 3. Easement Right of Way Notice: This type of notice is relevant when a property is subject to an easement agreement, which grants a specific individual or entity the right to use a portion of the property for a particular purpose. The notice informs tenants about the scope of the easement, any restrictions it imposes, and the impact it may have on their tenancy. The West Virginia Right of Way Notice to Tenant also includes important information such as the duration of the right of way, any restrictions on the tenant's use of the property during the designated period, and any potential compensation or alternatives provided to the tenant during the authorized access period. It is crucial for tenants to carefully read and understand the West Virginia Right of Way Notice to Tenant, as it outlines their rights and responsibilities during the right of way period. Additionally, tenants should consult with legal professionals if they have any concerns or questions regarding the notice or its implications on their occupancy.

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FAQ

Generally, the right of way ranges from 25 to 150 feet from the road's center line. Due to this wide range, it's important to find out exact right-of-way distance before installing a sign or objects near a road. Can I place a sign along the road? Signs cannot be on or overhanging state right of way.

Landlord to deliver premises; duty to maintain premises in fit and habitable condition.

Vehicle entering highway from private road or driveway. The driver of a vehicle about to enter or cross a highway from a private road or driveway shall yield the right-of-way to all vehicles approaching on said highway.

ARTICLE 9. RIGHT-OF-WAY. (a) The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different highway.

The words or terms "road", "public road" or "highway" shall be deemed to include, but shall not be limited to, the right-of-way, roadbed and all necessary culverts, sluices, drains, ditches, waterways, embankments, slopes, retaining walls, bridges, tunnels and viaducts necessary for the maintenance of travel, dispatch ...

Right-of-way includes the easement or land purchased by PennDOT on which a highway is built, as well as shoulder or berm, plus any additional area needed for highway purposes. While it is often 33 feet wide, it may be much wider (120 feet or more in some cases), since it extends beyond the paved road and shoulders.

A thirty (30) foot right-of-way is required.

Right of way is the land required to construct, maintain and operate a highway properly. DOES THE STATE HAVE THE RIGHT TO TAKE MY PROPERTY? Yes; however, Article 3, Section 9 of the Constitution of West Virginia provides that private property will not be taken or damaged for public use without just compensation.

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West Virginia Right of Way Notice to Tenant