2009 West Virginia Code
CHAPTER 19. AGRICULTURE
ARTICLE 19. PRESERVATION OF AGRICULTURAL PRODUCTION.
§19-19-4 Agriculture not adverse; limitation of actions.

§19-19-4. Agriculture not adverse; limitation of actions.
The conduct of agriculture upon agricultural land shall not be deemed adverse to other use or uses of adjoining or neighboring land, whether such other land be used or occupied for residential, commercial, business or for governmental, or any uses other than agricultural. No complaint or right of action shall be maintained in any court of this state against the owner or operator of agricultural lands adverse to the conduct of agriculture upon agricultural lands, unless:

(1) The complainant's use and occupancy of land of the complainant has existed upon his adjoining or neighboring land before the agricultural operation complained of upon the agricultural land; and

(2) The conduct of such agricultural operation complained of has caused or will cause actual physical damage to the person or property of the owner or occupant of such adjoining or neighboring lands.