West Virginia Code § 20-3-11

Recovery of costs incurred in fighting fires; landowners responsibility to
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extinguish fires.
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 employeed 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 personalr 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 tshe 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 andg 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 eand 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.

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