WVC 19 - 19 - 6
§19-19-6. Liability for damage or destruction of sylvicultural or
agricultural field test crop; damages.
(a) Any person or legal entity who willfully and knowingly
damages or destroys, or allows an instrumentality within his or her
control to damage or destroy a sylvicultural or agricultural field
test crop that is grown for personal purposes, 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, shall be liable for twice the market value of
the crop damaged or destroyed prior to damage or destruction, as
determined by a court of competent jurisdiction, plus interest and
reasonable court costs. Where the damaged or destroyed crops are
grown for testing or research purposes, damages shall also include
twice the actual damages relating to production, research, testing,
replacement and crop development costs directly related to the crop
that has been damaged or destroyed.
(b) The rights and remedies available under this section are
in addition to any other rights or remedies otherwise available in
law or statute.
(c) For the purpose of this section, the term "person" means
an individual or any nongovernmental group, association,
corporation or any other nongovernmental entity.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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