A public easement is an easement that gives all people (the public) the right to use and enjoy a tract of property such as a street, sidewalk, park, or beach.
In West Virginia, a public easement is a type of right-of-way that allows the general public to use certain pieces of land for specific purposes, such as roads, sidewalks, parks, or beaches. These easements are typically created by a dedication by the property owner or through governmental authority, and they are recorded in the land records. Public easements are maintained by public entities such as city, county, or state governments, and they ensure that the public can access and enjoy the designated areas. The creation, modification, and termination of public easements in West Virginia are governed by state statutes, local ordinances, and case law. It's important to note that while the public has the right to use these easements, the underlying ownership of the property may still remain with the private owner, who must not interfere with the public's use of the easement.