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Introduced Version Senate Bill 519 History

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Key: Green = existing Code. Red = new code to be enacted


Senate Bill No. 519

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

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[Introduced March 19, 2001; referred to the Committee on Agriculture; and then to the Committee on the Judiciary.]

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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 an agriculture field test crop; and recoverable damages.

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 agriculture field test crop; damages.

(a) Any person who willfully and knowingly damages, or allows an instrumentality within his or her control to damage, a field 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.
(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 directly related to the crop that has been damaged or destroyed, as part of the value of the crop.
(c) Damages available 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 directly related to the crop that has been damaged or destroyed.
(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 create an action for damage to, or destruction of, an agriculture field test crop and to establish the monetary damages recoverable in court.

This section is new; therefore, strike-throughs and underscoring have been omitted.
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