COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 519
(By Senators Anderson, Caldwell, Helmick, Ross, Minard, Sharpe
and Hunter)
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[Originating in the Committee on Agriculture;
reported March 22, 2001.]
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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 a
forest or woodland crop, an agricultural crop or a field test
crop; applicability of damages; and amount of damages
recoverable.
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 forest or
woodland, agriculture or field test crops; damages.
(a) Any person who willfully and knowingly damages, or allows
an instrumentality within his or her control to damage, a forest or
woodland crop or agriculture 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, as
determined by a court of competent jurisdiction.
(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, if any, directly related to the crop that
has been damaged or destroyed, as part of the value of the crop.
(c) Damages awarded 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, if any, directly related to
the crop that has been damaged or destroyed, plus interest and
reasonable costs.
(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 authorize civil damages
for damage to, or destruction of, a forest or woodland crop or an
agricultural crop whether grown for personal, commercial or
research or testing purposes, and to establish the monetary damages
recoverable in court.
This section is new; therefore, strike-throughs and
underscoring have been omitted.