W. Va. Code R. § 157-2-9

Current through Register Vol. XLI, No. 45, November 8, 2024
Section 157-2-9 - Damage by Owner or Occupant
9.1. General. -- The owner or occupant of real property acquired by the Division of Highways who continues to do so by permission after the date of acquisition is responsible for all damages to or loss of the improvements which result from the negligent or willful actions of the owner or occupant.
9.2. Adjustment of Damages. -- If the owner or occupant does not pay for damages to the property, the Commissioner of Highways or his or her designee, shall determine the value of the missing or damaged property and make appropriate adjustment into the settlement price. If satisfactory adjustment is not made, the Legal Division shall take whatever action is necessary to protect the State's interest.

W. Va. Code R. § 157-2-9