This bill amends the Code of West Virginia to establish clear limitations on warrantless entry by law enforcement onto private lands, particularly emphasizing that entry is prohibited on posted lands unless specific conditions are met, such as responding to life-threatening emergencies or preventing imminent unlawful actions. It outlines the necessary procedures for law enforcement to follow when entering private property, ensuring respect for property owners' rights. Additionally, the bill modifies the powers of the director of the Division of Natural Resources, allowing for entry onto private lands for conservation purposes under the new limitations, while also granting natural resources police officers the authority to enter private lands without a warrant during official duties, with exceptions for posted lands.
Furthermore, the bill introduces a provision that prohibits natural resources police officers from placing surveillance or game cameras on posted land without the landowner's consent or a search warrant, thereby reinforcing constitutional protections. It clarifies that officers may still place cameras in areas where they have a lawful right to be, as long as the cameras are directed at publicly visible locations. The legislation also strengthens the authority of natural resources police officers to arrest individuals unlawfully entering private property to cut or remove timber and other plant products, ensuring they are held liable for damages. Overall, the bill aims to balance the enforcement of natural resource laws with the protection of private property rights.
Statutes affected: Introduced Version: 20-1-7, 20-7-4