Senate Bill No. 156
(Senators Whitlow and Bailey, original sponsors)
[Passed March 9, 1996; in effect ninety days from passage.]
AN ACT to amend and reenact section thirty-five, article three,
chapter sixty-one of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to prohibiting
persons from digging cultivated ginseng on lands of another
without the owner's consent; land must be posted; and
Be it enacted by the Legislature of West Virginia:
That section thirty-five, article three, chapter sixty-one of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-35. Digging cultivated ginseng; penalty.
It shall be unlawful for any person to dig cultivated ginseng
or prospect for the same, on the lands of another without the
consent of the owner or owners thereof first obtained. The
property must be properly posted with "No Trespassing" signs,
"Private Property" signs, or other signs that explain to a person
to stay off the property. The signs must be of reasonable size to
be read by an average person and must be posted at reasonable
intervals of at least two hundred feet around the property.
Any person violating this section shall be guilty of a
misdemeanor and, upon conviction thereof, shall be fined not less
than one hundred dollars.