SENATE
HOUSE
JOINT
BILL STATUS
STATE LAW
REPORTS
EDUCATIONAL
CONTACT
home
home
SB519 SUB1 Senate Bill 519 History

OTHER VERSIONS  -  Introduced Version  |     |  Email
Key: Green = existing Code. Red = new code to be enacted



COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 519

(By Senators Anderson, Caldwell, Helmick, Ross, Minard, Sharpe and Hunter)

____________

[Originating in the Committee on Agriculture;

reported March 22, 2001.]

____________




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 a forest or woodland crop, an agricultural crop or a field test crop; applicability of damages; and amount of 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 forest or woodland, agriculture or field test crops; damages.

(a) Any person who willfully and knowingly damages, or allows an instrumentality within his or her control to damage, a forest or woodland crop or agriculture 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, is liable for twice the value of the crop damaged or destroyed, as determined by a court of competent jurisdiction.
(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, if any, directly related to the crop that has been damaged or destroyed, as part of the value of the crop.
(c) Damages awarded under this section are 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, if any, directly related to the crop that has been damaged or destroyed, plus interest and reasonable costs.
(d) The rights and remedies available under this section are in addition to any other rights or remedies otherwise available in law or statute.
(e) For purposes of this section, the word "person" means an individual, group, association, corporation or any other entity.



NOTE: The purpose of this bill is to authorize civil damages for damage to, or destruction of, a forest or woodland crop or an agricultural crop whether grown for personal, commercial or research or testing purposes, and to establish the monetary damages recoverable in court.

This section is new; therefore, strike-throughs and underscoring have been omitted.
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Email WebmasterWebmaster   |   © 2024 West Virginia Legislature **


X

Print On Demand

Name:
Email:
Phone:

Print