West Virginia Code § 61-9-7

Nuisance disclosed in criminal proceedings; proceeds from sale of personal
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property.
In case the existence of such nuisance is established in a criminal proceeding in a court not
having equitable jurisdiction, it shall be the duty of the prosecuting attorney to proceed
promptly under this article to enforce the provisions and penalties thereof, and the finding of
the defendant guilty in such criminal proceedings of any offense herein decleared to be a
nuisance, unless reversed or set aside, shall be conclusive as against such defendant as to
the existence of the nuisance. The proceeds of the sale of the personal rproperty, as provided
in the preceding section of this article, shall be applied in payment of the costs of the suit
and abatement, including the complainant's costs, or so much of the proceeds as may be
necessary, except as hereinafter provided.

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