ENGROSSED
Senate Bill No. 536
(By Senator Dittmar)
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[Introduced February 20, 1995;
referred to the Committee on Natural Resources.]
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A BILL to amend and reenact section seven, article two, chapter
twenty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to natural
resources; wildlife resources; hunting, trapping or
fishing on lands of another; damages and compensation; and
misdemeanor offenses, damages and penalties.
Be it enacted by the Legislature of West Virginia:
That section seven, article two, chapter twenty of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-7. Hunting, trapping or fishing on lands of another;
damages and compensation.
It shall be unlawful for any person to shoot, hunt, fish
or trap upon the fenced, enclosed or posted grounds or lands of
another person or to peel or damage trees or timber, build
fires, construct permanent tree stands or do any other act or
thing thereon in connection with or auxiliary to shooting,
hunting, fishing or trapping on such lands without permission
in writing from the owner, tenant or agent of such owner and
every person hunting, fishing, shooting or fowling upon such
lands shall have in his possession such written permission when
so doing.
Any person who, for the purpose of, or while hunting,
trapping or fishing, shall, without the permission of the
owner, tenant or agent of the owner, enter upon the land of
another and while thereon shall kill or injure any domestic
animal or fowl, or shall cut, destroy or damage any bars, gates
or fence, or any part thereof, or shall leave open any bars or
gates thereon resulting in damage to the owner or occupant
thereof, shall be guilty of a misdemeanor and, in addition, shall be liable to the owner or person suffering such damage
for all costs and damages resulting therefrom.
It shall be lawful for the owner, lessee or the person
entitled to the possession of such lands, or the agent thereof,
to arrest any person found violating this section and
immediately take him before a magistrate for trial and the
owner, lessee, person or agent is hereby vested with all the
powers and rights of a conservation officer for these
purposes. The officers charged with the enforcement of the
provisions of this chapter shall have the duty to enforce the
provisions of this section if requested to do so by the owner,
lessee, person or agent, but not otherwise.