H. B. 2047
(By Delegate Hall)
[Introduced February 14, 2001; 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.
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 is 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 on the grounds or lands in connection
with or auxiliary to shooting, hunting, fishing or trapping on
such
the lands without permission in writing from the owner, tenant or
agent of
such the owner, and every person hunting, fishing,
shooting or fowling upon
such the 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 written permission is
not liable in civil damages for any injuries received on the lands
by the 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 on the grounds or lands 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 on the grounds or lands 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 on the grounds or
lands resulting in damage to the owner or occupant
thereof of the
grounds and lands, shall be guilty of a misdemeanor, and in
addition shall be liable to the owner or person suffering
such the
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 the lands, or the agent
thereof
of the grounds or lands, 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 the owner, lessee, person
or agent is hereby vested with all the powers and rights of a game
protector for
such those 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 the 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.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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