The Director of the Division of Forestry shall, in the name of the state, recover from the person or persons, firms or corporations whose negligence or whose violation of any provision of this article caused any fire at any time on grass or forest land, the amount expended by the state for the personal services of persons especially employed under the provisions of section four of this article to control, confine, extinguish or suppress such fire, and the costs associated therewith, including payment for the personal services rendered by full-time State Division of Forestry employees, operating costs of state equipment used and costs related thereto in controlling, confining, extinguishing or suppressing such fire. Such recovery shall not bar an action for damages by any other person.
Any such fire which was caused by a trespasser or by a person who was upon the property without the consent of the owner shall not be deemed caused by the negligence of the owner; but the owner shall use all practical means to confine, extinguish or suppress any such fire on his land even though it was caused by any such person. If he fails to do so, after becoming aware of such fire, the Director of the Division of Forestry shall, in the name of the state, recover from him amounts expended by the state for the personal services of persons especially employed under the provisions of section four of this article to control, confine, extinguish or suppress such fire and the costs associated therewith, including payment for the personal services rendered by full-time State Division of Forestry employees, operating costs of state equipment used and costs related thereto in controlling, confining, extinguishing or suppressing such fire.
Any time that a landowner, his or her agent or employee is aware of a fire on the landowner's property, the landowner shall use all practical means to confine, extinguish or suppress the fire.
Structure West Virginia Code
Article 3. Forests and Wildlife Areas
§20-3-3. Establishment of Wildlife Areas; Leasing Lands Therefor
§20-3-3a. Cabwaylingo Pilot Project
§20-3-5a. Prescribed Fire Program
§20-3-7. Starting Fire on Lands of Another; Penalties
§20-3-8. Duty of Railroad Company to Protect Against Fires
§20-3-9. Right of Railroad Company to Clear Land Adjacent to Right-of-Way
§20-3-12. Timberland and Forest Land Defined
§20-3-13. Director Authorized to Secure Federal Cooperation; Annual Appropriation
§20-3-14. Financial Assistance From Owners of Forest Lands; Expenditures by Director
§20-3-15. Owner Not Relieved From Civil Liability for Damage From Fire
§20-3-16. Prima Facie Evidence of Negligence in Certain Actions for Injury Due to Fires
§20-3-17. Disposition of Proceeds of National Forests
§20-3-17a. Same -- Counties Embracing Spruce Knob-Seneca Rocks National Recreation Area
§20-3-18. Disposition of Flood Control, Navigation and Allied Funds From the Federal Government
§20-3-20. Governor's Authority to Execute
§20-3-21. When and How Compact Becomes Operative
§20-3-22. Compact Administration; Advisory Committee
§20-3-23. Compact Committee Powers and Duties; Cooperation Therewith
§20-3-24. Other Powers of State Forester Supplementary
§20-3-25. Governor's Authority to Execute
§20-3-26. When and How Compact Becomes Operative
§20-3-27. Compact Administration
§20-3-28. Compact Committee Powers and Duties; Cooperation Therewith