HB 2617
Relating to warrantless entry of private lands
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill amends West Virginia code to clarify the circumstances under which law enforcement can enter private lands without a warrant, particularly on posted land. It establishes limitations on such entry, outlines a process for law enforcement to enter posted land with permission, and addresses the use of surveillance cameras near posted land. The bill aims to balance law enforcement’s ability to investigate wildlife violations with landowners’ rights to privacy.
Key provisions
- Defines limitations on law enforcement entry onto posted private lands, requiring consent or a warrant unless a lawful right to be exists.
- Clarifies the process for law enforcement to enter posted land with the permission of the landowner.
- Addresses the use of surveillance cameras on or near posted private lands, requiring consent or a warrant unless facing a public view.
- Specifies that law enforcement can enter private lands to investigate wildlife violations when they have articulable probable cause.
- Establishes a process for timber sales on state-owned lands, requiring sealed bids and a minimum appraised value.
- Allows the Director of the Division of Natural Resources to enter private lands for surveys and inspections related to conservation purposes.
- Provides for the arrest of individuals who enter private lands without permission to damage or carry away timber or other natural resources.
- Addresses the use of cameras on posted land, requiring consent or a warrant unless facing a public view.
Who is affected
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