Terms Used In West Virginia Code > Chapter 17 > Article 16F - West Virginia Division of Multimodal Transportation Facilities

• Aeronautics: means the art and science of flight, including, but not limited to, transportation by aircraft. See West Virginia Code 17-16F-3
• Air navigation: means the operation or navigation of aircraft in the air space over this state or upon any airport within this state. See West Virginia Code 17-16F-3
• Air navigation facility: means any facility other than one owned or controlled by the federal government used in, available for use in, or designed for use in aid of air navigation, including airports, and any structures, mechanisms, lights, beacons, markers, communications system, or other instrumentalities or devices used or useful as an aid or constituting an advantage or convenience to the safe taking off, air navigation, and landing of aircraft or the safe and efficient operation or maintenance of an airport, and any combination of any or all of such facilities. See West Virginia Code 17-16F-3
• Aircraft: means any contrivance now known, or hereafter invented, used, or designed for navigation of or flight in the air whether manned or unmanned. See West Virginia Code 17-16F-3
• Airport: means any area of land or water which is used, or intended for use, for the landing and takeoff of aircraft and any appurtenant areas which are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon. See West Virginia Code 17-16F-3
• 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
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Bond: means a revenue bond or rate issued by the division to effectuate the intents and purposes of this article. See West Virginia Code 17-16F-3
• Commissioner: means the chief operating officer and administrative head of the Multimodal Division, when such person is appointed by the Secretary of Transportation. See West Virginia Code 17-16F-3
• Commuter rail: means a transit mode that is an electric or diesel propelled railway for urban passenger train service consisting of local short distance travel operating between a central city and adjacent suburbs. See West Virginia Code 17-16F-3
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• Development plan: means a document which details the overall strategy of the division for the proper planning and sustainable development of an area and consists of a written statement and accompanying maps. See West Virginia Code 17-16F-3
• Devise: To gift property by will.
• Division: means the West Virginia Division of Multimodal Transportation Facilities. See West Virginia Code 17-16F-3
• Donor: The person who makes a gift.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• 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.
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Heavy rail: means a transit mode that is an electric railway with the capacity for a heavy volume of traffic. See West Virginia Code 17-16F-3
• in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
• Income: means and includes all money accruing to the division or part thereof from any source. See West Virginia Code 17-16F-3
• Intermodal transportation: means the successive transport of goods or passengers using more than one mode of transportation, including air, rail, ship, or roadway. See West Virginia Code 17-16F-3
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• 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}
• Lien: A claim against real or personal property in satisfaction of a debt.
• Light rail: means a transit mode that typically is an electric railway with a light volume traffic capacity. See West Virginia Code 17-16F-3
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Multimodal transportation: means the consideration or connection of various modes of transportation, including air, rail, ship, or roadway. See West Virginia Code 17-16F-3
• Municipal: means pertaining to a municipality. See West Virginia Code 17-16F-3
• Municipality: means any county, city, town, village, or other political subdivision of this state. See West Virginia Code 17-16F-3
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Operation fund: means the special West Virginia Public Port Operation Fund as created by §. See West Virginia Code 17-16F-3
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means any individual, firm, corporation, partnership, company, foreign or domestic association, including railroads, joint stock association, or body politic and includes any trustee, receiver, assignee, or other similar representative. See West Virginia Code 17-16F-3
• Predominantly commuter services: means that for any given trip segment (i. See West Virginia Code 17-16F-3
• public port: means ports, airports, wayports, terminals, buildings, roadways, rights-of-way, rails, rail lines, facilities for rail, water, highway or air transportation, and such structures, equipment, facilities, or improvements as are necessary. See West Virginia Code 17-16F-3
• Rail properties: means assets or rights owned, leased, or otherwise controlled by a railroad or other person which are used, or useful, in rail transportation service: Provided, That rail properties do not include any properties owned, leased or otherwise controlled by a railroad not in reorganization, unless it consents to such properties' inclusion in the particular transaction. See West Virginia Code 17-16F-3
• Rail service: means both freight and passenger service. See West Virginia Code 17-16F-3
• Railroad: means a common carrier by railroad as defined in Section 10102 of the Interstate Transportation Act (49 U. See West Virginia Code 17-16F-3
• Railroad project: means the initiation, acquisition, construction, maintenance, repair, equipping, or operation of rail properties or rail service, or the provisions of loans or grants to or with government agencies, or to persons for such purposes, by the division. See West Virginia Code 17-16F-3
• State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Town: includes a city, village or town, and the word "council" any body or board, whether composed of one or more branches, which is authorized to make ordinances for the government of a city, town, or village. See West Virginia Code 2-2-10
• Trustee: A person or institution holding and administering property in trust.
• West Virginia Commuter Rail Access Fund: means the special West Virginia Commuter Rail Access Fund created by §. See West Virginia Code 17-16F-3
• West Virginia Railroad Maintenance Fund: means the West Virginia Railroad Maintenance Fund created by §. See West Virginia Code 17-16F-3