State ex Rel. Keene v. Jordan

2 Citing cases

  1. City of Morgantown, W. Va., Va. Mun. Corp. v. Nuzum Trucking Co.

    237 W. Va. 226 (W. Va. 2016)   Cited 4 times

    See also W. Va. Const. amend. The Good Roads Amendment of 1920 (“The legislature shall make provision by law for a system of state roads and highways connecting at least the various county seats of the State, and to be under the control and supervision of such state officers and agencies as may be prescribed by law.”); Syl., in part, State ex rel. Keene v. Jordan, 192 W.Va. 131, 451 S.E.2d 432 (1994) (recognizing that, “[p]ursuant to W. Va.Code, 17–4–1 [1972] the State Commissioner of Highways has exclusive authority and control over state roads”); Herold v. Hughes, 141 W.Va. 182, 187, 90 S.E.2d 451, 454 (1955) (“The public highways of this State belong to the State and are subject to the control of the State.”); Syl. pt. 5, Nulter v. State Rd. Comm'n of W. Virginia, 119 W.Va. 312, 193 S.E. 549 (1937) (“A state highway is the property of the state, and use of the highway is subject to the control of the state.”).

  2. West Virginia Department of Transportation v. Contractor Enterprises, Inc.

    223 W. Va. 98 (W. Va. 2008)   Cited 2 times
    Determining construction of public highway and associated material storage waste site was public use

    . . . it was the policy of the Legislature in the enactment of the aforesaid statutes [Chapter 17 of the W. Va. Code] to provide a comprehensive and all-embracing system of statutory law, establishing a general state road system . . . and providing for and investing in the commission and the commissioner the exclusive power over the construction, maintenance and control of said system[.] State ex rel. Keene v. Jordan, 192 W. Va. 131, 133, 451 S.E.2d 432, 434 (1994) (quoting Thacker v. Ashland Oil Refining Co., 129 W. Va. 520, 528, 41 S.E.2d 111, 115-16 (1946)). At issue in the instant case is the more specific matter of waste material storage sites and the power to condemn land for such use.