CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
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ARTICLE 2. GEODETIC AND GEOLOGICAL SURVEY.
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§29-2-1. Entry on lands for surveying under federal acts.
It shall be lawful for any person or persons employed under
and by virtue of an act of the Congress of the United States,
passed February the tenth, eighteen hundred and seven, and all
acts supplemental thereto, at any time hereafter to enter upon
lands within this state for the purpose of exploring, surveying,
triangulating or leveling, or doing any other matter or thing
which may be necessary to effect the objects of said act; and to
erect any works, stations, buildings or appendages requisite for
that purpose, doing no unnecessary injury to private or other
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§29-2-2. Condemnation of land for such purposes.
In case the person or persons employed under the act of
Congress aforesaid, or acts supplemental thereto, cannot agree
with the owners or possessors of the land so entered upon and
used as to the amount of damages done thereto by reason of the
removal of fences, cutting of trees, or injury to the crop or
crops growing on the same, it shall be lawful for such parties,
or either of them, to apply, in the name of the United States of
America, to the circuit court of the county to have the same
condemned, and such application shall be proceeded in, tried and
determined, in all respects as provided in chapter fifty-four of
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§29-2-3. Unlawful interference with signal, monument or building;
If any person or persons shall wilfully injure, deface or
remove any signal, monument, or building, or any appendage
thereto, erected, used or constructed under and by virtue of the
act of Congress aforesaid, or any act or acts supplemental
thereto, such persons so offending shall severally forfeit and
pay the sum of fifty dollars with the costs of suit, to be sued
for and recovered by any person who shall first prosecute the
same before any justice of the peace of the county where the
person so offending may reside, and shall also be liable to pay
the amount of damages thereby sustained, to be recovered with the
cost of the suit in an action on the case, in the name and for
the use of the United States of America, in any court of
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§29-2-4. State geological and economic survey director;
qualifications for appointment; administrative powers
The governor shall appoint as director of the survey a
geologist of established reputation. At the time of his or her
initial appointment, the director must be at least thirty years of
age and must be selected with special reference and consideration
given to his or her administrative experience and ability and to
his or her demonstrated interest in the effective and responsible
management of the state geological and economic survey. The
director must have a master's degree in geology or in a related
field and at least three years of experience in a position of
responsible charge in at least one discipline relating to the
duties and responsibilities for which the director will be
responsible upon assumption of the office. The director may not be
a candidate for or hold any other public office, may not be a
member of any political party committee and shall immediately
forfeit and vacate his or her office as director in the event he or
she becomes a candidate for or accepts appointment to any other
public office or political party committee.
The director may employ such assistants and employees as he
may deem necessary. He shall also determine the compensation of
all persons employed by the survey and may remove them at pleasure.
The director may set such reasonable fees as may be necessary
to recover additional costs incurred in performing geological and analytical analyses. These fees shall be deposited in the state
treasury in a special revenue account to be known as the
"Geological and Analytical Services Fund". The director is hereby
authorized to expend such funds, as are appropriated by the
Legislature, from this fund for the purpose of defraying said
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§29-2-5. Objects of survey.
The survey shall have for its objects:
(a) An examination of the geological formations of the
state, with special reference to their economic products, namely:
Building stones and other constructive materials and resources,
clays, ores and other mineral substances and fuels, the
prevention of their waste, and the utilization of by- products;
(b) An examination of the physical features of the state
with reference to their practical bearing upon the occupations of
the people, the industrial development and the material
prosperity of the several portions of the state, having due
regard to their varying resources, conditions and needs;
(c) The preparation of special geological and economic maps
to illustrate the resources of the state;
(d) The preparation of special reports, with necessary
illustrations and maps, which shall embrace both a general and
detailed description of the geology and natural resources of the
(e) The consideration of such other scientific and economic
questions as in the judgment of the director shall be deemed of
value to the people of the state. The director may enter into
cooperative agreements, grants and contracts and establish
accounts for such purposes.
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§29-2-6. Reports to Legislature.
The director shall cause to be prepared a report to the
Legislature before each meeting of the same, showing the progress
and condition of the survey, together with such other information
as he may deem necessary and useful or as the Legislature may
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§29-2-7. Distribution of reports.
The regular and special reports of the survey, with proper
illustrations and maps, shall be printed as the director may
direct, and the reports shall be distributed or sold by the
director as the interests of the state, the diffusion of
practical information relating to the development of the state,
and the advancement of science, may demand. All moneys obtained
by the sales of the reports may be used to defray the costs of
publication and their distribution to the people, and any balance
may be retained for that purpose.
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§29-2-8. Distribution of surplus materials.
All materials collected, after having served the purpose of
the survey, shall be distributed by the director to the
educational institutions in such manner as to be of the greatest
advantage to the educational interests of the state. If deemed
advisable, all or part of such material may be put on permanent
exhibition or otherwise disposed of in an appropriate manner.
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§29-2-9. Right of engineers and surveyors to enter on property.
The engineers, surveyors and other persons employed by and
acting for said survey, and all such persons employed by and
acting for the United States geological survey, or other
department of the United States government, having for their
purposes the obtainment and diffusion of practical information
relating to the resources and development of the state, the
advancement of science, and the carrying out of the objects of
the state geological and economic survey, shall have the right to
enter upon all lands, either public or private, and into all
mines, for the purpose of exploring, surveying, or doing any
other thing which may be necessary to effect such objects, and
examine any property, products or developments, relating to the
objects of said survey, within the state, without molestation or
arrest, and without being liable to the owners thereof, except
for actual damages done to the property.
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Acts, 2010 Reg. Sess., Ch. 32.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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