West Virginia Code § 29-3A-2

Person in command at fire scene may take and preserve certain property;
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restitution.
The chief of any fire department or company or any other elected or appointed fire line
officer, the fire chief or any member serving in the capacity of appointed fire line officer in
charge of fire fighters at the scene of any fire is authorized and empowered to take and
preserve any property which indicates that the fire was intentionally set. Aney person whose
property is so held may petition the circuit court of the county within which the property was
taken for return of the property, and the court may order restitution upron such conditions as
are appropriate for the preservation of evidence, including requiring the posting of bond.

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