Terms Used In West Virginia Code > Chapter 4 > Article 12 - Establishment of a West Virginia Law Institute

• Agency: means any branch, department or unit of the state government, however designated or constituted. See West Virginia Code 20-1-2
• Agritourism business: means any person, fiduciary, firm, association, partnership, limited liability company, corporation, unit of government, or any other group or entity which is engaged in the business of providing one or more agritourism activities, whether or not for compensation. See West Virginia Code 19-36-2
• Agritourism professional: means owners, operators, employees, and volunteers working for or under the direction of the operators of an agritourism business. See West Virginia Code 19-36-2
• Applicant: means any racing association making application for a license under the provisions of this article or any person making application for a permit under the provisions of this article or any person making application for a construction permit under the provisions of this article. See West Virginia Code 19-23-3
• Arrest: Taking physical custody of a person by lawful authority.
• Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
• Big game: means elk, deer, black bears, wild boars and wild turkeys. See West Virginia Code 20-1-2
• Citizen: means any native-born citizen of the United States and foreign-born persons who have procured their final naturalization papers. See West Virginia Code 20-1-2
• Closed season: means the time or period during which it shall be unlawful to take any wildlife as specified and limited by this chapter. See West Virginia Code 20-1-2
• Code: means the Code of West Virginia, 1931, as heretofore and hereinafter amended. See West Virginia Code 19-23-3
• Commission: means the Natural Resources Commission. See West Virginia Code 20-1-2
• Commissioner: means a member of the advisory commission of the Natural Resources Commission. See West Virginia Code 20-1-2
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Construction permit: means the construction permit required by the provisions of section eighteen of this article. See West Virginia Code 19-23-3
• County court: includes any existing tribunal created in lieu of a county commission. See West Virginia Code 2-2-10
• creel limit: means the maximum number of wildlife which may be taken, caught, killed or possessed by any person. See West Virginia Code 20-1-2
• Director: means the Director of the Division of Natural Resources. See West Virginia Code 20-1-2
• Dog racing: means any type of dog racing, including, but not limited to, greyhound racing. See West Virginia Code 19-23-3
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
• Fur-bearing animals: includes : (a) The mink. See West Virginia Code 20-1-2
• Game: means game animals, game birds and game fish as herein defined. See West Virginia Code 20-1-2
• Game animals: includes : (a) The elk. See West Virginia Code 20-1-2
• Game birds: includes : (a) The anatidae, commonly known as swan, geese, brants and river and sea ducks. See West Virginia Code 20-1-2
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Hunt: means to pursue, chase, catch or take any wild birds or wild animals. See West Virginia Code 20-1-2
• Lands: means land, waters and all other appurtenances connected therewith. See West Virginia Code 20-1-2
• Laws of the state: includes the Constitution of the State of West Virginia and the Constitution of the United States, and treaties and laws made in pursuance thereof. See West Virginia Code 2-2-10
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• License: means the license required by the provisions of section one of this article. See West Virginia Code 19-23-3
• Licensee: means any racing association holding a license required by the provisions of section one of this article and issued under the provisions of this article. See West Virginia Code 19-23-3
• Migratory birds: means any migratory game or nongame birds included in the terms of conventions between the United States and Great Britain and between the United States and United Mexican States, known as the Migratory Bird Treaty Act, for the protection of migratory birds and game mammals concluded, respectively, August 16, 1916, and February 7, 1936. See West Virginia Code 20-1-2
• Nonresident: means any person who is a citizen of the United States and who has not been a domiciled resident of the State of West Virginia for a period of thirty consecutive days immediately prior to the date of his or her application for a license or permit except any full-time student of any college or university of this state, even though he or she is paying a nonresident tuition. See West Virginia Code 20-1-2
• Offense: includes every act or omission for which a fine, forfeiture, or punishment is imposed by law. See West Virginia Code 2-2-10
• Open season: means the time during which the various species of wildlife may be legally caught, taken, killed or chased in a specified manner and shall include both the first and the last day of the season or period designated by the director. See West Virginia Code 20-1-2
• Pari-mutuel: means a mutuel or collective pool that can be divided among those who have contributed their wagers to one central agency, the odds to be reckoned in accordance to the collective amounts wagered upon each contestant running in a horse or dog race upon which the pool is made, but the total to be divided among the first three contestants on the basis of the number of wagers on these. See West Virginia Code 19-23-3
• Participant: as used in this article means any person, other than the agritourism professional, who engages in an agritourism activity. See West Virginia Code 19-36-2
• Permit: means the permit required by the provisions of section two of this article. See West Virginia Code 19-23-3
• Permit holder: means any person holding a permit required by the provisions of section two of this article and issued under the provisions of this article. See West Virginia Code 19-23-3
• person: means any individual, partnership, firm, association, corporation or other entity or organization of whatever character or description. See West Virginia Code 19-23-3
• Person: except as otherwise defined elsewhere in this chapter, means the plural "persons" and shall include individuals, partnerships, corporations or other legal entities. See West Virginia Code 20-1-2
• Personal property: All property that is not real property.
• personal property: includes goods, chattels, real and personal, money, credits, investments, and the evidences thereof. See West Virginia Code 2-2-10
• Preserve: means all duly licensed private game farmlands, or private plants, ponds or areas, where hunting or fishing is permitted under special licenses or seasons other than the regular public hunting or fishing seasons. See West Virginia Code 20-1-2
• Protected birds: means all wild birds not included within the definitions of "game birds" and "unprotected birds". See West Virginia Code 20-1-2
• Racing commission: means the West Virginia Racing Commission. See West Virginia Code 19-23-3
• ranch: means an area of land used for the production, cultivation, growing, harvesting, or processing of agricultural products. See West Virginia Code 19-36-2
• Resident: means any person who is a citizen of the United States and who has been a domiciled resident of the State of West Virginia for a period of thirty consecutive days or more immediately prior to the date of his or her application for license or permit. See West Virginia Code 20-1-2
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Roadside menagerie: means any place of business, other than a commercial game farm, commercial fish preserve, place or pond, where any wild bird, game bird, unprotected bird, game animal or fur-bearing animal is kept in confinement for the attraction and amusement of the people for commercial purposes. See West Virginia Code 20-1-2
• Small game: includes all game animals, fur-bearing animals and game birds except elk, deer, black bears, wild boars and wild turkeys. See West Virginia Code 20-1-2
• Stewards: means the steward or stewards representing the Racing Commission, the steward or stewards representing a licensee and any other steward or stewards whose duty it is to supervise any horse or dog race meeting, all as may be provided by reasonable rules of the Racing Commission which rules shall specify the number of stewards to be appointed, the method and manner of their appointment and their powers, authority and duties. See West Virginia Code 19-23-3
• Summons: Another word for subpoena used by the criminal justice system.
• Take: means to hunt, shoot, pursue, lure, kill, destroy, catch, capture, keep in captivity, gig, spear, trap, ensnare, wound or injure any wildlife, or attempt to do so. See West Virginia Code 20-1-2
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• to fish: means the taking, by any means, of fish, minnows, frogs or other amphibians, aquatic turtles and other forms of aquatic life used as fish bait. See West Virginia Code 20-1-2
• Wild animals: means all mammals native to the State of West Virginia occurring either in a natural state or in captivity, except house mice or rats, and includes coyotes and porcupines and all species of cervids. See West Virginia Code 20-1-2
• Wild birds: shall include all birds other than: (a) Domestic poultry &mdash. See West Virginia Code 20-1-2
• Wildlife: means wild birds, wild animals, game and fur-bearing animals, fish (including minnows), reptiles, amphibians, mollusks, crustaceans and all forms of aquatic life used as fish bait, whether dead or alive. See West Virginia Code 20-1-2