H. B. 2259
(By Delegates J. Martin, Mezzatesta, Ryan, Faircloth, Dempsey,
Evans and Haskins)
(Introduced January 26, 1995: referred to the
Committee on the Judiciary)
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 hunting,
trapping or fishing on lands of another person and absolving
the landowner and his or her tenant or agent of civil
liability for injuries suffered by a person hunting,
trapping or fishing on his or her lands with or without
written permission; and changing reference from justice of
the peace to magistrate.
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 trees or timber, build fires 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 or her possession such written
permission when so doing. The owner, tenant or agent of the
owner who has given such written permission is not liable in
civil damages for any injuries received on such lands by such
person or persons to whom permission was given. An owner, tenant
or agent of the owner also is not liable in civil damages for
injuries received by persons shooting, hunting, fishing or
trapping thereon without written permission.
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 enters upon the land of
another without the permission of the owner, tenant or agent of
the owner and while thereon shall kill kills or injure injures
any domestic animal or fowl, or shall cut cuts, destroy destroys
or damage damages any bars, gates or fence, or any part thereof,
or shall leave leaves 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 such person found violating this section and
immediately take him or her before a justice of the peace
magistrate for trial, and such owner, lessee, person or agent is
hereby vested with all the powers and rights of a game protector
for such 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 such owner,
lessee, person or agent, but not otherwise.
NOTE: The purpose of this bill is to absolve the landowner,
tenant or agent of the landowner from any civil liability for
injuries to any persons hunting, trapping or fishing on the
landowner's land with or without written permission. The bill
also changes the person to whom possible violators of this
section may be taken from justice of the peace to magistrate.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.