H. B. 2832
(By Delegates Hamilton, Longstreth, Caputo,
D. Poling, Canterbury, Manchin, Andes,
Walker and Cowles)
[Introduced January 24, 2011; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §61-3-16 of the Code of West Virginia, 1931, as amended, relating to crimes against property; and including the larceny of copper ground wires or cables from communications towers sites as larceny of things which savor of realty.
Be it enacted by the Legislature of West Virginia:
That §61-3-16 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-16. Larceny of things savoring of realty.
Things which savor of the realty, and are at the time they are taken part of the freehold, whether they be of the substance or produce thereof, or affixed thereto, shall be deemed goods and chattels, of which larceny may be committed, although there be no interval between the severing and taking away. This includes copper ground wires or cables which are on or underground at the sites of any type of communications towers.
NOTE: The purpose of this bill is to include the larceny of copper ground wires or cables from communications towers sites under crimes against property.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.