Notwithstanding the regular and shortened procedures provided for in §14-2-16 and § 14-2-17 of this code, there shall be a shortened procedure for road condition claims. The shortened procedure authorized by this section shall apply only to a claim possessing all of the following characteristics:

Terms Used In West Virginia Code 14-2-17a

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.

(1) The claim does not arise under an appropriation for the current fiscal year.

(2) The claim alleges that a condition on the state’s highways or roads caused property damage.

(3) The Division of Highways concurs in the claim.

(4) The amount claimed does not exceed $3,000.

The Division of Highways shall prepare a stipulation concerning the claim and file it with the clerk. The commission shall order the claim approved and shall file its statement with the clerk.