H. B. 2890
(By Delegates Shelton, Stemple
and Fletcher)
[Introduced February 24, 1999; referred to the
Committee on the Judiciary.]
A BILL to amend chapter thirty-seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new article, designated article sixteen,
relating to posting of land; definition; prohibiting persons
from entering posted land for recreational purposes; methods
for posting land; painting of trees prohibited; criminal
penalty for painting trees for other than purpose of posting
land; making it unlawful to post land not owned or leased by
the person posting it and providing a criminal penalty
therefor; making it unlawful to enter posted land without
written consent and providing a criminal penalty therefor;
and intent and purpose of article.
Be it enacted by the Legislature of West Virginia:
That chapter thirty-seven of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article sixteen, to read
as follows:
ARTICLE 16. RIGHTS OF PERSONS AND CRIMINAL OFFENSES RELATED TO
POSTING LAND.
§37-16-1. Definition of recreational purposes.
For the purposes of this article the term "recreational
purposes" means, but is not limited to, any of the following, or
combination thereof: Hunting, fishing, trapping, swimming,
boating, camping, picnicking, hiking, pleasure driving, nature
study, water skiing, winter sports and viewing or enjoying
historical, archaeological, scenic or scientific sites.
§37-16-2. Prohibition against entering posted land without
written permission of owner.
No person may enter for recreational purposes upon real
property posted pursuant to this article without written
permission of the owner or lessee of the real property.
§37-16-3. Methods for posting land.
(a) The owner or lessee of any forest land, may post the
same by either of the following methods:
(1) By placing signs around the boundaries of the property
at points no more than one hundred feet apart and at each point
of entry. The signs shall bear the words "Posted" or "No
Trespassing" in letters at least four inches high and shall be placed so as to be readily visible to any person approaching the
property; or
(2) By placing identifying paint marks on trees or posts
around the area to be posted. Each paint mark shall be a
verticle line of at least eight inches in length and the bottom
of the mark shall be no less than three feet nor more than five
feet high. The paint marks shall be placed no more than one
hundred feet apart and shall be readily visible to any person
approaching the property. The division of natural resources
shall propose legislative rules for the type and color of paint
to be used for posting of forest land. The division may not
propose a color that is presently being used by the timber
industry in this state to mark land lines or property lines.
(b) The owner or lessee of any real property other than
forest land, including: (1) Cultivated land; (2) orchards; (3)
pasture land; (4) impoundments; or (5) other real property, may
post such real property by either of the following methods:
(A) By placing signs around the boundaries of the property
at points no more than one hundred feet apart and at each point
of entry. The signs shall bear the words "Posted" or "No
Trespassing" in letters at least four inches high and shall be
placed so as to be readily visible to any person approaching the
property; or
(B) By placing identifying paint marks on posts around the area to be posted. Each paint mark shall be a verticle line of
at least eight inches in length and the bottom of the mark shall
be no less than three feet nor more than five feet high. The
paint marks shall be placed no more than one hundred feet apart
at each point of entry and shall be readily visible to any person
approaching the property. The division of natural resources
shall propose legislative rules for the type and color of paint
to be used for posting property, other than forest land,
applicable to this subdivision. The division may not select a
color that is presently being used by the timber industry in this
state to mark lines or property lines.
§37-16-4. Prohibition for painting trees; criminal penalty.
Paint used for posting purposes may not be used on trees or
posts for any other purpose. Any person who knowingly paints a
tree or post for any purpose other than posting real property
pursuant to this article is guilty of a misdemeanor and, upon
conviction thereof, shall be fined no more than fifty dollars.
§37-16-5. Prohibition against posting land when not owned or
leased; criminal penalty.
It is unlawful for any person to post any lands which the
person does not own or lease, except with the written permission
of the owner or lessee. Any person violating this section is
guilty of a misdemeanor and, upon conviction thereof, shall be fined up to one hundred dollars.
§37-16-6. Prohibition against entering posted land without
written consent; criminal penalty.
It is unlawful for any person to enter upon any real
property posted under the provisions of this article without the
written consent of the owner or lessee of the real property. Any
person who knowingly enters such real property without written
consent is guilty of a misdemeanor and, upon conviction thereof,
shall be fined up to one hundred dollars:
Provided, That it is
an affirmative defense to prosecution under this section that
consent was given by a person holding himself or herself out to
be the owner, lessee, or agent of the owner or lessee of the
property.
§37-16-7. Intent and purpose.
It is the intent and purpose of this article to clarify the
law related to posting of property in this state. However, this
article does not set forth the exclusive method by which a
property owner or lessee may notify persons to not enter or
remain upon their property, nor does this article repeal or
modify any provision of law which limits the liability of
landowners to persons gratuitously utilizing their property for
recreational purposes. Nor does this article repeal or modify
the provisions of section three, article three-b, chapter sixty-one of this code, or any other provision of law involving
trespass by one upon the property of another.
NOTE: The purpose of this bill is to provide legislation
defining proper methods and the rights of certain individuals
relative to posting land. The bill creates a number of criminal
penalties related to offenses involving various activities
concerning posted land.
Article sixteen is new; therefore, strike-throughs and
underscoring have been omitted.
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