§55-5-3. Liability of defendant for annual value of premises and
damages -- Assessment of damages for plaintiff.
The jury, in fixing and assessing such value and damages,
shall estimate against the defendant the annual value of such part
of the premises (if any) as was improved and in a state fit and
prepared for cultivation at the time he took possession thereof,
and also the damages for waste or other injury to the premises
committed by the defendant, and shall credit him with the value of
all the improvements made thereon, but no charge shall be made
against the tenant for the use of any improvements made upon the
land by him, or for the use of any part of the land cleared by him.
Note: WV Code updated with legislation passed through the 2012 1st Special Session