WVC 29 - 3 A- 2
§29-3A-2. Person in command at fire scene may take and preserve
certain property; restitution.
The chief of any fire department or company or any other
elected or appointed fire line officer, the fire chief or any
member serving in the capacity of appointed fire line officer in
charge of fire fighters at the scene of any fire is authorized
and empowered to take and preserve any property which indicates
that the fire was intentionally set. Any person whose property
is so held may petition the circuit court of the county within
which the property was taken for return of the property, and the
court may order restitution upon such conditions as are
appropriate for the preservation of evidence, including requiring
the posting of bond.