it; and the occasional expenditure of public money or the occasional performance of public labor on such road ..., even though such road has been used by the public for ten years or more, does not satisfy the requirements of the statute or render effective the statutory presumption of its establishment as a public road.’ Syllabus Point 3, in part, Baker v. Hamilton, 144 W.Va. 575, 109 S.E.2d 27 (1959).” In Cramer v. West Virginia Dep’t of Highways, 180 W.Va. 97, 375 S.E.2d 568 (1988), we held that sporadic grading and snow plowing, through the use of public funds, did not constitute sufficient application of public monies and labor to render the road public. Id. at 100, 375 S.E.2d at 571, see also, State ex rel. Riddle v. Dep’t of Highways, 154 W.Va. 722, 725,179 S.E.2d 10, 13 (1971) (<HOLDING>). In our previous encounters with the dilemma
holding that a bia road was a tribal road by considering the nature of the rightofway at issue and finding that although the tribe had relinquished certain gatekeeping rights by allowing public use of the road and collaborating with the bia in maintaining it the tribe had maintained other significant gatekeeping rights because the rightofway was not granted to the state and the road did not form any part of the states highway system holding that mere use of a road will not make a road a public road even though such use is with the knowledge and consent of the landowner unless the use is accompanied by  recognition by public authority or by its maintainance sic holding that a subsequent abandonment of a public rightofway over such a road has no effect on a private easement owned by an abutting landowner holding road was still a public highway although fifty years had passed since the road was used by the public holding that a road not open to the public at all times was not a highway