West Virginia Temporary Agreement for Access to Right of Way

State:
Multi-State
Control #:
US-OG-1165
Format:
Word; 
Rich Text
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Description

This form is a temporary agreement for access to right of way.

West Virginia Temporary Agreement for Access to Right of Way is a legal document that grants temporary access to a specified right of way for a predetermined period and under specific conditions. This agreement is typically utilized for various purposes, such as conducting construction, repairs, maintenance, or accessing utility infrastructure within a designated right of way. The primary objective of the West Virginia Temporary Agreement for Access to Right of Way is to regulate the activities of third parties using public or private land for temporary purposes while ensuring compliance with state laws and regulations. By obtaining this agreement, individuals or organizations are given permission to access and utilize the specified right of way temporarily, subject to certain terms and conditions. Keywords: West Virginia, Temporary Agreement, Access, Right of Way, legal document, temporary access, construction, repairs, maintenance, utility infrastructure, designated, third parties, public or private land, compliance, state laws, regulations, permission, terms and conditions. Different types of West Virginia Temporary Agreement for Access to Right of Way may include: 1. Construction Access Agreement: This type of agreement is specifically designed for individuals or entities involved in construction activities within a right of way. It outlines the terms and conditions related to access, duration, liability, and responsibilities during the construction process. 2. Maintenance and Repairs Agreement: This agreement focuses on granting temporary access to perform maintenance, repairs, or upgrade activities within a right of way. It details the scope of work, timeline, and obligations of the party responsible for the maintenance or repair work. 3. Utility Infrastructure Agreement: A specialized agreement for utility companies, this document allows access to right of way for the installation, maintenance, or repair of utility infrastructure such as power lines, pipelines, or communication cables. It lays out the rights, responsibilities, and safety protocols related to the utility operations. 4. Environmental Compliance Agreement: This type of agreement primarily concerns activities that may impact the environment, such as land clearing, excavation, or erosion control measures. It ensures compliance with environmental regulations, delineates restrictions, and mandates mitigation measures to minimize any adverse effects. 5. Event Access Agreement: In certain cases, a temporary agreement for access to right of way may be required for organizing events like parades, marathons, or festivals held within a designated area. This agreement sets out provisions related to event setup, traffic management, public safety, and any necessary infrastructure improvements. It is important to note that specific requirements and terms may vary depending on the nature of the project, the jurisdiction, and the responsible authority overseeing the right of way. Therefore, individuals or organizations seeking to obtain a West Virginia Temporary Agreement for Access to Right of Way should consult the appropriate authorities and legal professionals to ensure compliance with relevant regulations and secure the necessary permissions.

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FAQ

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.

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.

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.

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A right of way project normally follows steps which begin when the project is placed on the WVDOH's schedule and ends when the project is certified clear for ... Page 1. WEST VIRGINIA. DEPARTMENT OF TRANSPORTATION. DIVISION OF HIGHWAYS. RIGHT OF WAY ... the NHS is discussed in Section II of the. S&O Agreement Guidance.) A.The state road commissioner shall promptly file with the clerk of the county court of each county, all changes in titles to rights-of-way, maps, plats, surveys ... Jan 13, 2023 — Completely fill out form #ENC 001- FirstEnergy Encroachment/Crossing Request. ... FirstEnergy-authorized personnel, vehicles and equipment must ... Jan 31, 2018 — (a) The Legislature finds that it is in the public interest for utility facilities to be accommodated on the right-of-way of state highways ... 9.27. Construction Access and Environmental Permits. The division has obtained permits for activities shown in the contract documents. The anticipated Temporary ... ... right-of-way projects, in the event that actual construction of a road on the right-of-way is not undertaken;. • Determine need for Coast Guard Permit ... Dec 9, 2021 — This guide has been developed to provide greater depth and direction when preparing Right of. Way and Utility Cost Estimates. by JW Fisher II · 2010 — A right of way over the land of another is an easement in the dominant estate and servitude upon the servient estate. 16. The Newman case also provides a good ... 2.8. "Controlled-access highway" means any state highway or portion thereof which, for purposes of federal-aid funding, has been designated a federal-aid ...

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West Virginia Temporary Agreement for Access to Right of Way