§8A-12-11. Definitions
For purposes of the voluntary farmland protection programs, the following terms have the meanings set forth in this section. (a) Acquisition of easement. — The holding or coholding of land-use restrictions as defined in this article, whether obtained through purchase, gift, devise, bequest, grant or contract to cohold with another holder. (b) Conservation easement. –- […]
§8A-12-12. Methods of Farmland Protection
(a) The authority or a county farmland protection board may negotiate with and compensate eligible property owners to ensure the protection of farmland within the county or state. Methods of protecting farmland may include, but are not limited to, the following: (1) Acquisition of conservation easement or preservation easement. — With the consent of a […]
§8A-12-13. Offer of Conservation or Preservation Easements
(a) Owner may offer to sell or donate a conservation or preservation easement. — An owner of farmland may offer by written application to sell or donate a conservation or preservation easement on all or any portion of the farm to a county farmland board or the authority. (b) Requirements for application to sell or […]
§8A-12-14. Value of Conservation or Preservation Easement
(a) Maximum value. — The maximum value of any conservation or preservation easement acquired by the county farmland protection board or the authority is the asking price or the difference between the fair market value of the land and the agricultural value of the land, whichever is lower. (b) Fair market value. — The fair […]
§8A-12-3. Content and Requirements of Farmland Protection Programs
(a) An adopted farmland protection program shall include only those qualifying properties which are voluntarily offered into the program by the landowners of the properties. (b) An adopted farmland protection program shall meet the following minimum requirements: (1) The program shall be developed by the county farmland protection board and approved by the county commission. […]
§8A-12-4. Farmland Protection Boards -– Appointment, Composition, Terms
(a) Composition. — A farmland protection board shall be composed of seven members, each serving without compensation. Membership on the farmland protection board shall consist of the following: One county commissioner; the executive director of the county development authority; one farmer who is a county resident and a member of the county farm bureau; one […]
§8A-12-5. Farmland Protection Boards -– Powers
A farmland protection board has the following general powers: (a) Power to sue. — To sue and be sued in contractual matters in its own name; (b) Power to contract. — To enter into contracts generally and to execute all instruments necessary or appropriate to carry out its purposes; (c) Power to restrict use of […]
§8A-12-6. Farmland Protection Board Duties
The duties of each farmland protection board are as follows: (a) To report to the county commission with respect to the acquisition of easements by the farmland protection board within the county and to obtain final approval authority for any and all purchases of easements for the farmland protection program by the board; (b) To […]
§8A-12-7. West Virginia Agricultural Land Protection Authority -– Established
A West Virginia agricultural land protection authority is established within the Department of Agriculture. The authority has the powers and duties provided in this article.
§8A-12-1. Legislative Findings and Purpose
(a) The Legislature hereby finds and declares that agriculture is a unique "life support" industry and that a need exists to assist those agricultural areas of the state which are experiencing the irreversible loss of agricultural land. (b) It is the intent of the Legislature to provide persons and other entities an opportunity to voluntarily […]