WVC 37 -
CHAPTER 37. REAL PROPERTY.
WVC 37 - 5 -
ARTICLE 5. ADJOINING OWNERS.
WVC 37 - 5 - 1
§37-5-1. Excavations near boundaries.
No owner or tenant of any land containing coal shall open or
sink, or dig, excavate or work in, any coal mine or shaft on such
land, within five feet of the line dividing such land from that
of another person or persons, without the consent in writing of
every person interested in, or having title to, such adjoining
lands in possession, reversion, or remainder, or of the guardian
of any such persons as may be an infant, or the committee of any
such person as may be insane or convict. If any person shall
violate this section, he shall forfeit five hundred dollars to
any person injured thereby who may sue for the same.
WVC 37 - 5 - 2
§37-5-2. Survey of mine.
The owner, tenant, or occupant of any land on which a coal
mine is opened and worked, or his agent, shall permit any person
interested in, or having title to, any land coterminous with that
in which such coal mine is, to have ingress and egress with
surveyors and assistants to explore and survey such mine at his
own expense, and not oftener than once a month, for the purpose
of ascertaining whether or not the preceding section has been
violated. Every owner, tenant, occupant, or agent, who shall
refuse such permission, exploration or survey, shall forfeit
twenty dollars for each refusal to the person so refused.
WVC 37 - 5 - 3
§37-5-3. Prosecution under preceding sections.
A justice of the county in which such mine is, before whom
complaint of such refusal is made, may issue a summons to such
owner, tenant, occupant or agent to answer such complaint. On
the return of the summons executed, and proof that the
complainant has right of entry, and that he has been refused
without sufficient cause, the justice shall designate an early
and convenient time of such entry to be made, and issue his
warrant commanding the sheriff of the county to attend and
prevent obstructions and impediments to such entry, exploration
and survey. The cost of such summons, and a fee of three dollars
to the sheriff executing the warrant, shall be paid by the person
whose refusal caused the complaint. But if the justice dismiss
the complaint, the costs shall be paid by the party making it.
Note: WV Code updated with legislation passed through the 2012 1st Special Session