H. B. 2037
(By Delegates Hall, Kelley and Willison)
[Introduced January 13, 1999; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section seven, article two, chapter
twenty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to hunting,
trapping or fishing on lands of another person and absolving
the landowner and his or her tenant or agent of civil
liability for injuries suffered by a person hunting,
trapping or fishing on his or her lands with or without
written permission; and changing reference from justice of
the peace to magistrate.
Be it enacted by the Legislature of West Virginia:
That section seven, article two, chapter twenty of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-7. Hunting, trapping or fishing on lands of another;
damages and compensation.
It shall be is unlawful for any person to shoot, hunt, fish
or trap upon the fenced, enclosed or posted grounds or lands of
another person or to peel trees or timber, build fires or do any
other act or thing thereon on the grounds or lands in connection
with or auxiliary to shooting, hunting, fishing or trapping on
such the lands without permission in writing from the owner,
tenant or agent of such the owner, and every person hunting,
fishing, shooting or fowling upon such the lands shall have in
his or her possession such written permission when so doing. The
owner, tenant or agent of the owner who has given written
permission is not liable in civil damages for any injuries
received on the lands by the person or persons to whom permission
was given. An owner, tenant or agent of the owner also is not
liable in civil damages for injuries received by persons
shooting, hunting, fishing or trapping on the grounds or lands
without written permission.
Any person who, for the purpose of, or while hunting,
trapping or fishing, shall, without the permission of the owner,
tenant or agent of the owner, enter enters upon the land of
another without the permission of the owner, tenant or agent of
the owner and while thereon shall kill on the grounds or lands kills or injure injures any domestic animal or fowl, or shall cut
cuts, destroy destroys or damage damages any bars, gates or
fence, or any part thereof, or shall leave leaves open any bars
or gates thereon on the grounds or lands resulting in damage to
the owner or occupant thereof of the grounds and lands, shall be
guilty of a misdemeanor, and in addition shall be liable to the
owner or person suffering such the damage for all costs and
damages resulting therefrom.
It shall be lawful for the owner, lessee, or the person
entitled to the possession of such the lands, or the agent
thereof of the grounds or lands, to arrest any such person found
violating this section and immediately take him or her before a
justice of the peace magistrate for trial, and such the owner,
lessee, person or agent is hereby vested with all the powers and
rights of a game protector for such those purposes. 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 the owner, lessee, person or agent,
but not otherwise.
NOTE: The purpose of this bill is to absolve the landowner,
tenant or agent of the landowner from any civil liability for
injuries to any persons hunting, trapping or fishing on the
landowner's land with or without written permission.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.