WVC 31 - 3 - 5
§31-3-5. Removal of timber lodging on lands; damages; taking or
carrying away without authority.
If any logs, timber, or other lumber, while floating down
any stream, be lodged upon any improved lands or inclosure of
another, it shall be the duty of the owner to cause the same to
be removed therefrom within sixty days from the time such logs,
timber or lumber is lodged. If any person shall, without the
authority of the owner, during such sixty days, take, carry away,
injure or destroy, or convert to his own use any of such logs,
timber or lumber, he shall be guilty of a misdemeanor, and, upon
conviction, fined not more than one hundred dollars, and, at the
discretion of the court, be imprisoned not more than ninety days.
The owner of such timber shall be liable to the owner of the land
for any damages sustained by him by reason of such logs, timber
or lumber lodging or remaining thereon.