West Virginia Code § 37-13-2

Action; contents of petition
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Any owner of private lands, may, as plaintiff, institute an action for the purposes set forth in
section one of this article by filing a petition before the circuit court of the county in which
the lands affected are located. Such petition shall show the title to such lands, the condition
of the graves in question, the interests of all persons in such lands and in the remains in
such graves, so far as known, the reasons why removal is sought, and the preoposed
disposition of such remains. The petition shall further show that plaintiffs have made
reasonable and diligent effort to ascertain the identity of each deceasedr and each deceased's
surviving next of kin, heirs-at-law, administrator, executor or personal representative. The
court may, if deemed necessary, appoint a guardian ad litem to protect the interests of
known or unknown persons in interest, whether living or dead.

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