West Virginia Code 20-17-3 – Multicounty trail network authorities authorized; addition of counties; merger of existing authorities
(a) For the purposes of this article, three or more contiguous counties may, upon approval of the county commission of each county desiring to participate, form a multicounty trail network authority. An authority established pursuant to this section is a public corporation and a joint development entity existing for the purpose of facilitating the development and operation of a system of recreational trails and areas throughout the participating counties. Such trails will be designated and made available for recreational purposes with significant portions of the trails system being located on private property throughout West Virginia, made available for use through lease, license, easement, or other appropriate legal form by a willing landowner.
Terms Used In West Virginia Code 20-17-3
- Adjacent county: means a nonparticipating county that directly borders any participating county in a multicounty trail network authority. See West Virginia Code 20-17-2
- Authority: means a multicounty trail network authority created pursuant to this article. See West Virginia Code 20-17-2
- Board: means the board of a multicounty trail network authority. See West Virginia Code 20-17-2
- Commission: means the Natural Resources Commission. See West Virginia Code 20-1-2
- Contiguous counties: means a group of counties in which each county shares the border of at least one other county in the group. See West Virginia Code 20-17-2
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Participating county: means one of the three or more counties forming a multicounty trail network authority. See West Virginia Code 20-17-2
- property: includes , but is not limited to, roads, water, watercourses, private ways, buildings, premises, structures, and machinery or equipment, when attached to the realty. See West Virginia Code 20-17-2
- Recreational purposes: means :
(A) Any outdoor activity undertaken, or practice or instruction in any such activity, for the purpose of exercise, relaxation, or pleasure, including, but not limited to any one or any combination of the following noncommercial recreational activities: Hunting, fishing, swimming, boating, kayaking, camping, picnicking, hiking, rock climbing, bouldering, bicycling, horseback riding, spelunking, nature study, water skiing, winter sports, and visiting, viewing, or enjoying historical, archaeological, scenic, or scientific sites, aircraft, or ultralight operations on private airstrips or farms, or otherwise using land for purposes of the user. See West Virginia Code 20-17-2
(b) An adjacent county may join a multicounty trail network authority as a participating county upon approval of both the board of the authority and the county commission of the adjacent county wishing to become a participating county.
(c) Two or more existing authorities may merge and become a single authority encompassing the participating counties in each merging authority upon approval of the board of each authority. Upon merger of two or more authorities, the board of the newly created authority will be composed of all board members serving on the board of each merging authority at the time the merger takes place. Thereafter, the authority will fill any vacancies and appoint board members as required by § 20-17-4 of this code. The board of the newly created authority shall adopt appropriate procedures and bylaws to ensure that the newly created authority complies with all requirements of this article.