Public-domain · open source
OpenJurist

W. Va. Code § 55-3C-5

Making false statement to detain real property; false complaint; civil causes of action; immunity

Known as the Stop Squatters Act

The act spans §§ 55-3C-1 to 55-3C-6 (6 sections).

(a) A property owner or their authorized agent who knowingly submits a complaint pursuant to this article in bad faith is subject to criminal prosecution for false swearing, and shall indemnify the law-enforcement agency and its agents for all costs and damages which may arise from a law-enforcement officer’s good faith actions pursuant to this article.

(b) A civil cause of action for wrongful removal may be brought by a person who has been removed from a property pursuant to this article, with remedies including restoration of possession, actual costs, damages, and attorney fees.

(c) In a civil action against a law-enforcement officer or law-enforcement agency based on action taken pursuant to this article, any immunity authorized by this code or other applicable authority may be asserted.

Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.