WVC 37 - 13 - 2
§37-13-2. Action; contents of petition.
Any owner of private lands, may, as plaintiff, institute an
action for the purposes set forth in section one of this article
by filing a petition before the circuit court of the county in
which the lands affected are located. Such petition shall show
the title to such lands, the condition of the graves in question,
the interests of all persons in such lands and in the remains in
such graves, so far as known, the reasons why removal is sought,
and the proposed disposition of such remains. The petition shall
further show that plaintiffs have made reasonable and diligent
effort to ascertain the identity of each deceased and each
deceased's surviving next of kin, heirs-at-law, administrator,
executor or personal representative. The court may, if deemed
necessary, appoint a guardian ad litem to protect the interests
of known or unknown persons in interest, whether living or dead.