WEST VIRGINIA CODE
WVC 61-9-6
§61-9-6. Order of abatement; sale of personal property; renewal of
bond or continuance of closing order; release of
property; breaking in or entering closed property;
sheriff's fees.
If the existence of such nuisance be admitted or established
in a suit as provided in this article, an order of abatement shall
be entered as part of the decree in the case, which order shall
direct the removal from the place of all personal property and
contents used in conducting the nuisance, and not already released
by and under the authority of the court as provided in section four
of this article, and shall direct the sale of such thereof as
belongs to the defendants notified or appearing in the manner
provided for the sale of personal property under execution. Such
order shall also require the renewal for one year of any bond
furnished by the owner of the real property as provided in section
four, or, if not so furnished, shall continue for one year any
closing order issued at the time of granting the temporary
injunction, or, if no such closing order was then issued, shall
include an order directing the effectual closing of the place
against its use for any purpose, and so keeping it closed for a
period of one year unless sooner released:
Provided, however, That
the owner of any place so closed and not released under bond as
hereinbefore provided may then or thereafter appear and obtain such
release in the manner and upon fulfilling the requirements as
hereinbefore provided. The release of the property under the
provisions of this section shall not release it from any judgment,
lien, penalty, or liability, to which it may be subject by law. Owners of unsold personal property and contents so seized shall
appear and claim the same within ten days after such order of
abatement is made, and if it has not been proved to the
satisfaction of the court that such owner had knowledge of such use
thereof, or, that with reasonable care and diligence, he could not
have known thereof, such unsold personal property and contents
shall be delivered to the owner, otherwise it shall be sold as
hereinbefore provided. If any person shall break and enter or use
any place so directed to be closed, he shall be punished as for
contempt as provided hereinafter, in addition to any other
penalties imposed by law. For removing and selling personal
property and contents, the sheriff shall be entitled to charge and
receive the same fees as he would for levying upon and selling like
property on execution; and for closing the place and keeping it
closed, a reasonable sum shall be allowed by the court.
Note: WV Code updated with legislation passed through the 2012 1st Special Session