(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 […]
The authority shall: (a) Disseminate information regarding agricultural land protection and promote the protection of agricultural land; (b) Assist county farmland protection boards in applying for and obtaining all state and federal funding available consistent with the purposes of the farmland protection programs; (c) Upon request of a farmland protection board, provide technical and legal […]
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. –- […]
(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 […]
(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 […]
(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 […]
The authority and county farmland protection boards, in ranking applications for conservation and preservation easements, shall consider the following factors as priorities: (a) The imminence of residential, commercial or industrial development; (b) The total acreage offered for conservation or preservation easement; (c) The presence of prime farmland, unique farmland, farmland of statewide importance, other locally […]
(a) Provisions to be included in conservation or preservation easement and county farmland protection board rules, or the authority rules. — Farmland upon which a conservation or preservation easement has been recorded may be used for the following: (1) Farm use;
(a) County funds. — (1) Creation of county funds. — Once having created a county farmland protection program, a county commission may authorize the county farmland protection board to create and maintain a farmland protection fund and hire staff as it considers appropriate.
(a) Applications; amount. — If a county has established a county farmland protection program, the authority shall distribute within sixty days after the end of its fiscal year at least eighty percent of that fiscal year's remaining funds to county farmland protection boards who have certified to the authority that there is then pending an […]
Notwithstanding any statute or rule to the contrary, any property held or coheld by a holder under a conservation or preservation easement as defined in this article, regardless of ownership, shall be taxed as "agricultural lands" for ad valorem property tax purposes without further requirement, restriction or disqualification. For ad valorem property tax purposes, any […]
(a) The county commission of each county may adopt and implement a farmland protection program within the county. The county commission of each county which decides to adopt and implement a farmland protection program shall appoint a farmland protection board. The farmland protection board shall administer on behalf of the county commission all matters concerning […]
The commissioner of agriculture may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article.
(a) Notwithstanding the provisions of section two, article twenty-two, chapter eleven, and effective January 1, 2003, and thereafter, in addition to the tax imposed pursuant to article twenty-two, chapter eleven of this code, any county commission that has created a farmland protection program may impose an additional county excise tax for the privilege of transferring […]
(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. […]
(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 […]
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 […]
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 […]
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.
(a) Composition; chairman; quorum; qualifications. — The authority established on July 1, 2002, shall be governed and administered by a board of trustees composed of the state Treasurer, the Auditor and the commissioner of agriculture, who shall serve as ex officio members, and nine members to be appointed by the Governor, by and with the […]
