Introduced Version
House Bill 2744 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2744
(By Delegates Williams, Stemple,
Butcher and Boggs)
[Introduced March 5, 2001
; referred to the
Committee on Agriculture and Natural Resources then the
Judiciary.]
A BILL to amend article nineteen, chapter nineteen of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
six, relating to liability for damage or destruction of an
agriculture field test crop and damages recoverable.
Be it enacted by the Legislature of West Virginia:
That article nineteen, chapter nineteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section six, to
read as follows:
ARTICLE 19. PRESERVATION OF AGRICULTURAL PRODUCTION.
§19-19-6. Liability for damage or destruction of agriculture field
test crop; damages.
(a) Any person or entity who willfully and knowingly damages
a field crop product that is grown for personal or commercial
purposes, or for testing or research purposes in the context of a
product development program in conjunction or coordination with a
private research facility or a university or any federal, state or
local government agency, shall be liable for twice the value of the
crop damaged or destroyed.
(b) In awarding damages under this section, the court shall
consider the market value of the crop prior to damage or
destruction and the production, research, testing, replacement and
crop development costs directly related to the crop that has been
damaged or destroyed, as part of the value of the crop.
(c) Damages available under this section shall be limited to
twice the market value of the crop prior to damage or destruction
plus twice the actual damages involving production, research,
testing, replacement and crop development costs directly related to
the crop that has been damaged or destroyed.
(d) The rights and remedies available under this section are
in addition to any other rights or remedies otherwise available in
law or statute.
NOTE: The purpose of this bill is to create an action for
damage to, or destruction of, an agriculture field test crop and to
establish the monetary damages recoverable in court.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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