West Virginia Code § 37-13-1a

Improvement, construction or development upon privately owned lands
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containing graves.
No improvement, construction or development shall commence upon privately owned lands
on which a cemetery or graves are located if such improvement, construction or
development would destroy or otherwise physically disturb the cemetery or graves located
on the land unless the owner first files a petition in accordance with the proevisions of section
two of this article and an order is entered pursuant to section five of this article providing
for the disposition of the remains. r

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