reglab/housing_qa huggingface dataset:
WV Code § 19-16A-25 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 16A. West Virginia Pesticide Control Act|§19-16A-25. Right of Commissioner to Enter and Inspect; Enforcement of Article

(a) For the purpose of carrying out the provisions of this article, the commissioner may enter upon any public or private premises, other than a dwelling house and the curtilage thereof, at reasonable times, after reasonable notification to the owner, tenant or agent, in order to:(1) Have access for the purpose of inspecting any equipment subject to this article and such premises on which such equipment is kept or stored;(2) Inspect lands actually or reported to be exposed to pesticides;(3) Inspect storage or disposal areas;(4) Inspect or investigate complaints of injury to humans or land; or(5) Sample pesticides being applied or to be applied.(b) If the commissioner is denied access to any land where such access was sought for the purpose set forth in this article, he or she may apply to any court of competent jurisdiction for a search warrant authorizing access to such land for said purposes. The court may, upon such application, issue the search warrant for the purposes requested.(c) The commissioner, with or without the aid and advice of the county prosecuting attorney, is charged with the duty of enforcing the requirements of this article and any rules issued hereunder. In the event a county prosecuting attorney refuses to act on behalf of the commissioner, the Attorney General shall so act.(d) The commissioner may bring an action to enjoin the violation or threatened violation of any provisions of this article or any rule made pursuant to this article in a court of competent jurisdiction of the county in which such violation occurs or is about to occur.
WV Code § 19-16A-26 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 16A. West Virginia Pesticide Control Act|§19-16A-26. Issuance of Stop-Sale; Use or Renewal Orders; Judicial Review

The commissioner shall issue and enforce a written or printed "stop-sale, use or renewal" order directed to the owner or custodian of any lot of pesticide, requiring him or her to hold the lot of pesticide at a designated place, when the commissioner finds the pesticide is being offered or exposed for sale or use or is being used in violation of any of the provisions of this article, until the law has been complied with and the pesticide is released in writing by the commissioner, or the violation has been otherwise legally disposed of by written authority. The owner or custodian of such pesticide has the right to judicial review of such order in accordance with the provisions of article five, chapter twenty-nine-a of this code. The provisions of this section may not be construed as limiting the right of the commissioner to proceed as authorized by other provisions of this chapter. The commissioner shall release the pesticide so withdrawn when the requirements of the provisions of this chapter have been complied with and upon payment of all costs and expenses incurred in connection with the withdrawal.
WV Code § 19-16A-27 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 16A. West Virginia Pesticide Control Act|§19-16A-27. Issuing Warnings

Nothing in this article requires the commissioner to report, for the institution of proceedings under this article, minor violations of this article whenever the commissioner believes that the public interest will be adequately served by a suitable written notice or warning to the person violating the provisions of this article.
WV Code § 19-16B-1 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 16B. West Virginia Pesticide Use and Application Act|§19-16B-1. To 19-16b-26

Repealed.Acts, 1990 Reg. Sess., Ch. 7.
WV Code § 19-17-2 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 17. Fences|§19-17-2. Rivers and Streams as Lawful Fences; Establishment or Discontinuance

All rivers and streams, and parts thereof, within this state, which are lawful fences at the time this code takes effect, under existing laws, shall continue such until otherwise ordered by the county court of the county. The county court of any county, upon the written application of any owner or tenant of lands on any river or stream in such county, or which constitutes a boundary line thereof, may, in its discretion, by order entered of record, declare and establish such river or stream, or any part of either, a lawful fence as to any stock named in section one of this article. Notice of the application shall be given by publishing the same as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publication shall be the county. Any person interested may appear and oppose such application.The county court may, upon like application and notice of any person, annul or amend any order made by said court establishing any river or stream, or any part of either, as a lawful fence; but such order shall not be made within one year from the date of the order sought to be annulled or amended, and shall not take effect until six months after it is made.
WV Code § 19-17-3 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 17. Fences|§19-17-3. Hedge Fence

All hedge fences along public roads, or division hedge fences between farms or on any land or premises, shall be kept trimmed so that their branches shall not extend into the public road, or upon the lands of an adjoining owner, more than eighteen inches over the dividing line. For failure to keep the hedge fence so trimmed, after ten days' notice in writing by the county engineer or supervisor of roads, or by parties owning the adjoining land or premises, the owner shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not exceeding $1 for each day such fence shall remain untrimmed after the ten days' notice expires.
WV Code § 19-17-4 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 17. Fences|§19-17-4. Partition Fence; Liability for Trespass of Animals

All partition fences shall be lawful fences, unless otherwise agreed upon by the adjoining owners by a writing executed in duplicate and duly acknowledge, in which case, if such fence be kept in good repair, there shall be the same liability for damages occasioned by trespass of animals owned by said adjoining owners as if such fence were a lawful fence.
WV Code § 19-17-5 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 17. Fences|§19-17-5. Apportionment of Construction and Maintenance of Partition Fence

Persons owning adjoining lands, both of which are used for agricultural, horticultural, grazing or livestock purposes, shall bear a just proportion of the cost of the constructing, repairing and maintaining a partition fence between such lands.
WV Code § 19-17-6 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 17. Fences|§19-17-6. Sharing Cost of Constructed Fences

Where a person has chosen to let his land lie open, if he shall afterwards enclose or use such land, or portion thereof, for agricultural, horticultural, grazing or livestock purposes, he shall refund to the adjoining owner a just proportion of the value of the partition fence adjoining such lands, or portion thereof, enclosed or so used that shall have been made by such adjoining owner, regardless of whether or not such fence at the time is a lawful fence.
WV Code § 19-17-7 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 17. Fences|§19-17-7. Notice of Intention to Build or Repair Partition Fence; Answer

Any person desiring to build or to repair a partition fence may give notice in writing to the owner of any adjoining lands, or to his agent, of his intention to build or repair such fence and requiring him to build or repair his just portion thereof, which notice shall state the description and kind of the fence proposed to be built or such repairs as are proposed to be made. The person so served with such notice shall, within ten days thereafter make answer in writing and serve the same upon the person desiring to build or repair such fence, which answer shall state any objections to such notice, and upon failure to do so he shall be liable to the person building or repairing such partition fence for his just proportion of the cost thereof if he shall fail to build or repair his proportion of the same.
WV Code § 19-17-8 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 17. Fences|§19-17-8. Disputes Relating to Partition Fences

If a dispute arises between the owners of adjoining lands concerning the proportion or particular part of a fence to be built or maintained by either of them, or the amount to be paid by one party to the other for any fence already built or maintained, either party may proceed by civil action in a magistrate or circuit court, as shall have jurisdiction of the amount or value in controversy, within the county in which any portion of the partition built or to be built, is or is to be located, to determine the amount to be paid by one party to the other for the just proportion of the costs of any construction, repair or maintenance of the partition fence. The person who is required to share in the cost of the construction, repair or maintenance of the partition fence shall not be liable for more than one half of the cost of the construction, repair or maintenance of a fence which meets the standards of subdivision (e), section one of this article.
WV Code § 19-17-10 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 17. Fences|§19-17-10. Liability of Owner for Refusal to Repair Fence

When each of the adjoining owners of a partition fence has been allotted a particular part thereof to maintain, and either owner fails or refuses to keep in good repair the part of such fence so allotted to him he shall be liable in damages to the adjoining owner for all damages occasioned by animals kept by him trespassing on such adjoining premises as the result of such failure or refusal to repair. The adjoining owner may serve written notice on the owner whose duty it is to keep his part of such fence in repair, requiring him to repair the same, and if such owner fails or refuses so to do within ten days after the service of such notice, the adjoining owner may repair such part of the fence, and the owner whose duty it is to keep the same in repair shall be liable to him for all the expenses of such repair.
WV Code § 19-17-11 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 17. Fences|§19-17-11. Presumptions as to Sufficiency of Fence

In any controversy in which the sufficiency of a fence under the provisions of this chapter shall come in question, it shall be presumed that the same was, at the time to which such controversy relates, a lawful fence and in good condition and repair, unless the contrary be proven.
WV Code § 19-18-1 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 18. General Stock Law|§19-18-1. Livestock Trespassing on Property of Another; Damages for Injuries to Person or Property; Notice to Livestock Owner; Containment of Livestock; Costs for Containment

(a) If livestock enters the property of a landowner without that landowner's consent, the owner of the livestock is liable for damages for personal injury or property damage in a civil action in magistrate or circuit court.(b) The landowner must attempt to contact the owner of the trespassing livestock within forty-eight hours of the trespass. If the owner cannot be contacted within forty-eight hours, the landowner shall notify the county sheriff.(c) The landowner may contain the trespassing livestock on his or her property, but is not required to do so. If the landowner is able to contact the owner of the trespassing livestock pursuant to subsection (a) of this section, he or she shall also inform the owner of the costs of containment.(d) The owner of the trespassing livestock and the landowner shall attempt to mutually agree upon a fair cost for any containment. A fair cost for containment is an amount which would be allowed for the sheriff for containing similar livestock. If the negotiation fails, or if the landowner is not otherwise reimbursed for the costs for containment, the landowner may seek monetary damages in a civil action for these costs.
WV Code § 19-18-2 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 18. General Stock Law|§19-18-2. Unclaimed Livestock; Containment by Sheriff; Sheriff's Sale at Public Auction

(a) If the owner of trespassing livestock cannot be determined, or if the trespassing livestock has not been recovered within ten days of notifying the owner, the county sheriff shall take possession of the trespassing livestock.(b) The county sheriff may return the livestock to its owner and seek reimbursement for containment costs. If attempts to return the livestock to the owner fail, the sheriff may, after publishing notice as a Class I legal advertisement, sell the livestock to the highest bidder at a public livestock auction.(c) The proceeds of the livestock sale shall be distributed in the following order:(1) Costs incident to the sale;(2) Costs of containment incurred by the sheriff and the landowner;(3) Any remaining amount to the owner of the trespassing livestock; and(4) If the owner is unknown or does not claim the amount remaining within ninety days, that amount shall be deposited into the county treasury.
WV Code § 19-18-3 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 18. General Stock Law|§19-18-3. Criminal Penalties for Trespassing Livestock

(a) While livestock may escape enclosures due to accident or unforeseen circumstances, it is unlawful for the owner of livestock to negligently permit livestock to run at large and trespass on the property of other landowners.(b) If livestock injures a person or destroys the property of another person while negligently trespassing, the owner of the livestock shall be given an oral or written warning for the first offense. For a second offense within six months of the first, the owner is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 nor more than $100. For a third or subsequent offense within six months of the second or subsequent offense, the owner is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000.
WV Code § 19-19-1 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 19. Preservation of Agricultural Production|§19-19-1. Purpose; Public Policy

Whereas, Agricultural production of food and fiber is a basic necessity to sustain human life, and essential to the general welfare and stability of this state and the citizens thereof, and the continued conduct of the utilization of land in the conduct of agricultural production, including woodland and forestry production, is a necessity to the welfare and common good of all of the citizens of this state; and,Whereas, The infringement upon agricultural lands and agricultural operations by other uses and occupancies which are either adverse or incompatible with the continued agricultural utilization may be of such nature as to endanger orderly agricultural production, it is hereby declared to be the public policy of this state that agricultural production and the utilization of land in agricultural productive operations be protected and preserved.
WV Code § 19-19-2 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 19. Preservation of Agricultural Production|§19-19-2. Definitions

For the purposes of this article:(a) "Agriculture" shall mean the production of food, fiber and woodland products, by means of cultivation, tillage of the soil and by the conduct of animal, livestock, dairy, apiary, equine or poultry husbandry, and the practice of forestry, silviculture, horticulture, harvesting of silviculture products, packing, shipping, milling, and marketing of agricultural products conducted by the proprietor of the agricultural operation, or any other legal plant or animal production and all farm practices. (b) "Agricultural land" shall mean any amount of land and the improvements thereupon, used or usable in the production of food, fiber or woodland products of an annual value of $1,000 or more, by the conduct of the business of agriculture, as defined in subsection (a) of this section.(c) "Agricultural operation" shall mean any facility utilized for agriculture.
WV Code § 19-19-3 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 19. Preservation of Agricultural Production|§19-19-3. Temporary Change of Agricultural Operations

The change of agricultural land use to a differing agricultural use, including rotation or lying fallow from time to time, shall not constitute abandonment as agricultural land or limit the change to any other agricultural use.
WV Code § 19-19-4 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 19. Preservation of Agricultural Production|§19-19-4. Agriculture Not Adverse; Limitation of Actions

The conduct of agriculture upon agricultural land shall not be deemed adverse to other use or uses of adjoining or neighboring land, whether such other land be used or occupied for residential, commercial, business or for governmental, or any uses other than agricultural. No complaint or right of action shall be maintained in any court of this state against the owner or operator of agricultural lands adverse to the conduct of agriculture upon agricultural lands, unless:(1) The complainant's use and occupancy of land of the complainant has existed upon his adjoining or neighboring land before the agricultural operation complained of upon the agricultural land; and(2) The conduct of such agricultural operation complained of has caused or will cause actual physical damage to the person or property of the owner or occupant of such adjoining or neighboring lands.
WV Code § 19-19-5 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 19. Preservation of Agricultural Production|§19-19-5. Duties of Owner or Operator Maintained

Nothing in this article shall be construed to excuse or relieve the owner or operator of any agricultural lands from any other right or duty as to any other person or persons, and shall apply only to the right to conduct the practice of agriculture upon his agricultural lands, and the rights and duties of such owner or operator shall be in all other respects maintained as to any other person or persons or entity.
WV Code § 19-19-6 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 19. Preservation of Agricultural Production|§19-19-6. Liability for Damage or Destruction of Sylvicultural or Agricultural Field Test Crop; Damages

(a) Any person or legal entity who willfully and knowingly damages or destroys, or allows an instrumentality within his or her control to damage or destroy a sylvicultural or agricultural field test crop that is grown for personal purposes, commercial purposes, or for testing or research purposes in the context of a product development program in conjunction or coordination with a private research facility or a university or any federal, state or local government agency, shall be liable for twice the market value of the crop damaged or destroyed prior to damage or destruction, as determined by a court of competent jurisdiction, plus interest and reasonable court costs. Where the damaged or destroyed crops are grown for testing or research purposes, damages shall also include twice the actual damages relating to production, research, testing, replacement and crop development costs directly related to the crop that has been damaged or destroyed.(b) The rights and remedies available under this section are in addition to any other rights or remedies otherwise available in law or statute.(c) For the purpose of this section, the term "person" means an individual or any nongovernmental group, association, corporation or any other nongovernmental entity.
WV Code § 19-19-8 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 19. Preservation of Agricultural Production|§19-19-8. Damages

(a) A person who brings a nuisance action for damages or injunctive relief against an agricultural operation that has existed for one year or more prior to the date that the action is instituted or who violates the provisions of §19-19-7(h) of this code is liable to the agricultural operation for all costs and expenses incurred in defense of the action, including, but not limited to, attorneys" fees, court costs, travel, and other related incidental expenses incurred in the defense.(b) In no event shall the total amount of damages in any successful nuisance action exceed the diminished value of the subject property.(c) The exclusive compensatory damages that may be awarded to a claimant where the alleged nuisance originates from an agricultural operation shall be as follows:(1) If the nuisance is determined to be a permanent nuisance, compensatory damages shall be limited to the reduction in the fair market value of the claimants property caused by the nuisance, not to exceed the fair market value of the claimants property; and(2) If the nuisance is determined to be a temporary nuisance, compensatory damages shall be limited to the diminution of the fair rental value of the claimants property caused by the nuisance.(d) If any claimant or claimants successor in interest brings a subsequent private nuisance action against any agricultural operation, the combined recovery from all such actions shall not exceed the fair market value of his or her property. This limitation applies regardless of whether the subsequent action or actions were brought against a different defendant than the preceding action or actions.(e) A claimant shall not be awarded punitive damages for nuisance actions originating from an agricultural operation.
WV Code § 19-20-1 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 20. Dogs and Cats|§19-20-1. Dogs Subject to Taxation; Declared to Be Personal Property

Any dog shall be and is hereby declared to be personal property within the meaning and construction of the laws of this state, and any dog above the age of six months shall be subject to taxation.
WV Code § 19-20-3 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 20. Dogs and Cats|§19-20-3. Registration of Dog Kennels; Application; Fee; Expiration of Certificate of Registration

Every owner or operator of a kennel, wherein dogs are bred, kept, boarded or sold as a commercial venture for profit shall annually, between July 1, and September 30, of each year, file with the assessor of the county in which such kennel is located, kept or maintained, an application for the registration of such kennel for the fiscal year. Such application shall state the location of the kennel, the name and address of the person actually in charge of and supervising it, and the name and address of the owner of the kennel. Upon the filing of such application, together with the payment to the assessor of a fee of $10 the assessor shall issue a certificate of registration for such kennel. The registration of a kennel, as herein provided, shall entitle the registrant to register and receive certificates and tags for not more than five dogs without the payment of a separate head tax on such dogs. The head tax provided for in section two of this article shall, on such five or less dogs, be included in and charged against the kennel registration fee herein provided.Every person upon becoming the owner or operator of a kennel of dogs as herein described after September 30, of any year shall, within three days after becoming such owner or operator, register such kennel for the remainder of the current fiscal year in the manner, and upon the payment of the registration fee, herein provided.All certificates of registration issued pursuant to the provisions of this section shall be issued for the fiscal year, and shall be valid from the date on which issued until June 30 of that fiscal year.