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Home » US Law » 2022 West Virginia Code » Chapter 19. Agriculture » Article 36. Agritourism Responsibility Act

§19-36-1. Legislative Purposes; Authority

Every year, in rapidly increasing numbers, residents and nonresidents of the State of West Virginia are enjoying the recreational value of the state’s many agritourism venues. The tourist trade is of vital importance to the State of West Virginia and the services offered by agritourism significantly contribute to the revenue enterprise and economic development of […]

§19-36-2. Definitions

Unless the context of usage clearly requires otherwise: “Agritourism” activity means any lawful activity carried out on a farm or ranch that allows members of the general public for recreational, entertainment, or educational purposes to view or enjoy rural activities. “Agritourism business” means any person, fiduciary, firm, association, partnership, limited liability company, corporation, unit of […]

§19-36-3. Duties of Agritourism Businesses and Participants

(a) An agritourism business, or agritourism business employee or volunteer acting under the direction of the agritourism business operator, is not liable for injury or death of a participant, or loss or damage to a participant’s property, as the result of the inherent risks of agritourism activities if such agritourism business has posted the notice […]

§19-36-4. Liability of Agritourism Businesses

(a) To qualify for the limitation on liability afforded by §19-36-3 of this code, an agritourism business shall post and maintain signs that contain the notice specified in §19-36-4(b) of this code. The sign must be placed in a clearly visible location at the entrance to the agritourism location and at the site of the […]

§19-36-5. Maintenance of Property Status for Certain Purposes; Exceptions

(a) Notwithstanding any provision of this code to the contrary, the occurrence of agritourism does not change the nature or use of property that otherwise qualifies as agricultural for building code, zoning, or property tax classification purposes. (b) An agritourism business may use certain of its facilities for occasional events without complying with building and […]