H. B. 4657
(By Delegate Butcher)
[Introduced February 27, 1998; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section eight, article two, chapter
twenty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to amend and reenact
section one, article three-b, chapter sixty-one of said
code, all relating to the posting of land; and providing
that lands may be posted by placing purple paint marks not
less than five hundred feet apart on the property to provide
notice against trespass or unauthorized hunting, trapping or
fishing.
Be it enacted by the Legislature of West Virginia:
That section two, article eight, chapter twenty of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; and that section one, article
three-b, chapter sixty-one of said code be amended and reenacted, all to read as follows:
CHAPTER 20. NATURAL RESOURCES.
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-8. Posting unenclosed lands; hunting, etc., on posted land.
The owner, lessee or other person entitled to possession of
unenclosed lands may have erected and maintained signs or
placards legibly printed, easily discernible, conspicuously
posted and reasonably spaced, so as to indicate the territory
in which hunting, trapping or fishing is prohibited. As an
alternative to the placement of signs or placards, such
unenclosed lands may be posted for the purpose of prohibiting
hunting, trapping or fishing by the placement of identifying
purple paint marks on trees or posts on the property, provided
that the marks are:
(1) Vertical lines of not less than twelve inches in length
and three inches in width;
(2) Placed so that the bottom of the mark is not less than
three feet from the ground or more than six feet from the ground;
and
(3) Placed not more than five hundred feet apart in locations
that are readily visible to any person approaching the property.
Any person who enters upon the unenclosed lands of another which have been lawfully posted, for the purpose of hunting,
trapping or fishing, shall be guilty of a misdemeanor. 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 owner, lessee, person or
agent, but not otherwise.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
ARTICLE 3B. TRESPASS.
§61-3B-1. Definitions.
As used in this article:
(1) "Structure" means any building of any kind, either
temporary or permanent, which has a roof over it, together with
the curtilage thereof.
(2) "Conveyance" means any motor vehicle, vessel, railroad
car, railroad engine, trailer, aircraft or sleeping car, and "to
enter a conveyance" includes taking apart any portion of the
conveyance.
(3) An act is committed "in the course of committing" if it
occurs in an attempt to commit the offense or in flight after the
attempt or commission.
(4) "Posted land" is that land upon which reasonably
maintained signs are placed not more than five hundred feet apart
along and at each corner of the boundaries of the land, upon which signs there appears prominently in letters of not less than
two inches in height the words "no trespassing" and in addition
thereto the name of the owner, lessee or occupant of the land.
The signs shall be placed along the boundary line of posted land
in a manner and in a position as to be clearly noticeable from
outside of the boundary line. As an alternative to the placement
of signs, such lands may be posted by the placement of
identifying purple paint marks on trees or posts on the property,
provided that the marks are:
(i) Vertical lines of not less than twelve inches in length
and three inches in width;
(ii) Placed so that the bottom of the mark is not less than
three feet from the ground or more than six feet from the ground;
and
(iii) Placed not more than five hundred feet apart in
locations that are readily visible to any person approaching the
property. It shall is not be necessary to give notice by
posting on any enclosed land or place not exceeding five acres in
area on which there is a dwelling house or property that by its
nature and use is obviously private in order to obtain the
benefits of this article pertaining to trespass on enclosed
lands.
(5) "Cultivated land" is that land which has been cleared of its natural vegetation and is presently planted with a crop,
orchard, grove, pasture or trees or is fallow land as part of a
crop rotation.
(6) "Fenced land" is that land which has been enclosed by a
fence of substantial construction, whether with rails, logs, post
and railing, iron, steel, barbed wire, other wire or other
material, which stands at least three feet in height. For the
purpose of this article, it shall not be necessary to fence any
boundary or part of a boundary of any land which is formed by
water and is posted with signs pursuant to the provisions of this
article.
(7) Where lands are posted, cultivated or fenced as described
herein, then such lands, for the purpose of this article, shall
be considered as enclosed and posted.
(8) "Trespass" under this article is the willful unauthorized
entry upon, in or under the property of another, but shall not
include the following:
(a) Entry by the state, its political subdivisions or by the
officers, agencies or instrumentalities thereof as authorized and
provided by law.
(b) The exercise of rights in, under or upon property by
virtue of rights-of-way or easements by a public utility or other
person owning such right-of-way or easement whether by written or prescriptive right.
(c) Permissive entry, whether written or oral, and entry from
a public road by the established private ways to reach a
residence for the purpose of seeking permission shall not be
trespass unless signs are posted prohibiting such entry.
(d) Entry performed in the exercise of a property right under
ownership of an interest in, under or upon such property.
(e) Entry where no physical damage is done to property in the
performance of surveying to ascertain property boundaries, and in
the performance of necessary work of construction, maintenance
and repair of a common property line fence, or buildings or
appurtenances which are immediately adjacent to the property line
and maintenance of which necessitates entry upon the adjoining
owner's property.
NOTE: The purpose of this bill is to provide that lands may
be posted by placing purple paint marks not less than five
hundred feet apart on the property to provide notice against
trespass or unauthorized hunting, trapping or fishing.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that
would be added.