West Virginia Code of State Rules Agency 172 - State Rail Authority
1. Overview: Agency 172 – West Virginia State Rail Authority
The West Virginia State Rail Authority (SRA) is a state agency created by West Virginia statute to:
Promote, develop, and maintain rail transportation infrastructure in West Virginia.
Preserve rail service to communities and industries.
Facilitate economic development by ensuring efficient rail access.
Own, operate, or lease rail properties as needed to support state transportation goals.
The Agency’s rules and procedures are codified under Agency 172 in the West Virginia Code of State Rules.
2. Organization and Structure
The State Rail Authority is governed by a board of directors, appointed according to statutory procedures. Key points:
The board sets policy and supervises the Authority’s operations.
The Authority has an executive director and staff responsible for daily management.
The board may establish committees to oversee specific functions (e.g., finance, operations).
3. Powers and Responsibilities (West Virginia Code)
Under West Virginia law, the State Rail Authority has the following powers:
Acquire, operate, and maintain railroads or rail properties within the state.
Lease or sell rail facilities to private entities or public bodies.
Issue revenue bonds to finance rail projects.
Enter into contracts and agreements necessary to carry out its duties.
Coordinate with federal, state, and local governments for rail development and funding.
Provide technical assistance and planning services to communities regarding rail transportation.
Preserve rail service in areas where private carriers may discontinue operations.
Promote economic development by improving rail access for industry.
4. Procedural Rules (Agency 172 of West Virginia Code of State Rules)
The Code of State Rules for Agency 172 includes:
Procedures for board meetings, including notice, quorum, and voting requirements.
Rules governing public participation in meetings and hearings.
Guidelines for contracting and procurement by the Authority.
Rules for issuing bonds and managing finances.
Procedures for leasing or selling rail property.
Protocols for cooperation with other agencies and rail operators.
5. Legal Status and Case Law (West Virginia Only)
The State Rail Authority is recognized by West Virginia courts as a public instrumentality of the state, created by statute to carry out important public functions.
Courts have upheld the Authority’s ability to acquire and operate rail properties to serve the public interest.
The Authority’s bond issuance and contract actions are subject to state law and oversight but generally enjoy deference so long as done within statutory authority.
Disputes involving the Authority typically center on:
Compliance with statutory procedures,
Proper exercise of powers (e.g., property acquisition),
Contract enforcement.
6. Summary Table
| Aspect | Description |
|---|---|
| Agency Name | West Virginia State Rail Authority (Agency 172) |
| Purpose | Develop and maintain rail infrastructure, promote economic development |
| Governance | Board of directors, executive director, committees |
| Powers | Acquire/operate railroads, issue bonds, enter contracts |
| Procedures | Meetings, public participation, contracting, bond issuance |
| Legal Status | State public instrumentality with statutory powers |
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