§55-5-4. Same -- For what period defendant liable.
The defendant shall not be liable for such annual value or
damages for any period longer than five years before the action or
suit was brought, except that, if the sum allowed by the jury for
the improvements exceed that allowed to the plaintiff for the
annual value and damages of the premises under section three of
this article, the jury may then estimate against the defendant such
annual value and damages for the time he has used and occupied the
same before the said five years.
Note: WV Code updated with legislation passed through the 2012 1st Special Session