West Virginia Code § 20-3-9

Right of railroad company to clear land adjacent to right-of-way
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For the purpose of providing increased protection to forest land from fire originating along
railroads, any company which operates a railroad shall have the right, subject to the
provisions of this section, without liability for trespass, to enter upon forest land for a
distance of one hundred feet from its road or right-of-way and to clear from such a strip any
inflammable material such as leaves, grass, dead trees, slash and brush, bute shall not
remove any valuable timber growth or other thing of value without consent of and
recompense to the owner. Not less than fifteen days prior to clearing surch lands, the railroad
company shall give the owner thereof notice of its intention, together with a transcript of
this section, by letter deposited in the United States mail to his last known address. If the
owner shall not file an objection to such clearing with the director within ten days of the
date of said notice, he shall be deemed to have given consentt. Upon the filing by an owner of
such objection showing cause why such clearing should not be done, the director shall
review the case and may sustain the objection of the owner or permit the clearing in whole
or in part.

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