You Have a Cave on Your Property:
Helpful Hints for the Cave Landowner
The Legal Aspects of Cave Ownership
Twenty-two states (including Virginia and West Virginia), Puerto Rico,
and the Cherokee Nation currently have laws pertaining to the protection
of caves. These laws cover a variety of topics ranging from definitions,
protections of features, permits for
excavation and scientific investigation, vandalism, and liability. Most state
cave laws state that it is illegal to remove or damage anything from a cave,
including rocks, formations, animals, or organisms.
| For further information on state cave laws, technical services,
and management assistance contact your state natural resource management
and conservation agencies. |
Landowner Liability
Most state cave protection laws expressly limit the landowners' liability
for scientific and recreational activities associated with caves. The
West Virginia law reads: "Neither the owner of a cave nor his
authorized agents acting within the scope of their authority are liable
for injuries
sustained by any person
using such features for recreational or scientific purpose if the prior
consent of the owner has been obtained and if no charge has been made
for the use of
such features."
Where to Go for Help
Many organizations are dedicated to caving and cave conservation.
Virginia Cave Board - The Virginia Cave Protection
Act provides for an advisory Cave Board. The Virginia Cave Board is
administered by the Department of Conservation and Recreation and is
active in environmental education and conservation of caves and
karst. Please contact
the Virginia Department of Conservation and Recreation for further information.
Cave Conservancy of the Virginias (CCV) - The CCV is dedicated
to the conservation of wild caves, caverns, and karst areas in the Virginia
and West Virginia area. Please contact:
Cave Conservancy of the Virginias, P.O. Box 7067, Richmond, Va. 23221.
Cave Registry Program - The Virginia and West Virginia
Chapters of The Nature
Conservancy maintain a cave registry program to encourage landowners to
protect, voluntarily, the important caves or karst features on their
land. The registry
recognizes the value and beauty of these privately owned caves and honors
those owners who volunteer to protect them. For more information, contact
The Nature
Conservancy Field Office in your state.
The Nature Conservancy (TNC) - The Nature Conservancy
is a national conservation organization committed to preserving
natural diversity.
The Conservancy is
a private, nonprofit group with field offices in all 50 states. The
Nature Conservancy Virginia Chapter, 1233-A Cedars Ct., Charlottesville,
VA 22908. (804-295-6106). The Nature Conservancy
West Virginia Chapter, 723 Kanawha Blvd. East,
Suite 500, Charleston, WV 25301. (304-345-4350).
National Speleological
Society (NSS) - The NSS is a nationwide nonprofit organization
dedicated to the study, exploration, and conservation of caves and
karst environments. For more
information, contact: The NSS, 2813 Cave Ave., Huntsville, AL 35810.
American
Cave Conservation Association (ACCA) - The ACCA provides
educational programs to
increase understanding of pollution problems and their solutions in karstlands.
Please contact David Foster, ACCA, P.O. Box 409, Horse Cave, KY 42749, for
further information.
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