WV Farm Bureau Magazine January 2015 | Page 29

the use of private property without due process of law and that no private property be taken or damaged by governmental action through regulatory authority. Any regulations that could infringe upon private property rights should not be implemented without thorough public review and an opportunity for appeal. Landowners should be fully compensated for direct takings of their property by a government entity and for the loss of use of their property as a result of government-invoked regulations. We urge a review of all state and local regulations that encroach on the rights of property owners. Farm Bureau supports a legislative reevaluation of the tax increment finance law and accompanying regulations to ensure that individual private property rights are not violated. Acquisitions of easements on private lands, other than by willing negotiation or by eminent domain, are in direct violation of the fifth amendment of the United States Constitution. Regulatory Taking The acquisition of partial interests and control of lands, through rules and regulations deprives the present and future owners of traditional and inherent rights of land ownership - being able to utilize private land for its highest and best use. When the taking of land or land use becomes necessary for public purposes, long-term leases or eminent domain should be utilized. Public Utility Companies Public Utility Companies should be limited in exercise of the right of eminent domain to cases in which the necessity of taking of private property must be shown with notice and right of hearing within the affected area by any property owner affected before the Public Service Commission. Eminent domain should not be exercised when a more direct and economical route could be used through public lands or along borders of crop fields. We recommend that the utility companies be required to negotiate with the landowner regarding pole and line, especially high voltage line placement and/or relocation, and provide just compensation for damages, tax relief, restricted use, inconvenience, and on-going liability due to their presence. The recording of a plat by a private landowner showing rightsof-way for ingress and egress shall not constitute the dedication of rights-of-way for public utility companies. Utility companies should notify landowners prior to entering upon an executed agreement, other than in a case of an emergency, for clearing rights-of-ways and other work. Any brush or other vegetation cut away and any land-disturbing activities must be reclaimed in such a way that is acceptable to the landowner and is in accordance with best management practices. The discontinuance or abandonment of utility services and discontinuance of utility lines, wire, rails, or pipes, shall constitute abandonment and forfeiture of such rights-of-way encumbrance on fee owner should be removed. If the parcel of land is not used for the purpose intended after two years, it shall be deemed excess and the encumbrance shall be dissolved within one year. Satellite and Drone Surveillance WVFB opposes satellite and drone surveillance without written permission from the landowner. 115. EMINENT DOMAIN When the taking of land becomes necessary for public use, the landowner should receive more than adequate compensation based on the current market value, which should afford an opportunity to acquire replacement property of equal value. Eminent domain should not be permitted as a substitute for good faith negotiations for easements or long-term lease agreements for structures that create servient estate easements subordinate to support overhead electrical transmission lines, to avoid compensation for restricted use of land, property taxes and ongoing liabilities associated with farming land burdened by such easements. The power of eminent domain should not be used for economic development projects, state or national parks, wildlife refuges, recreational trails or other recreational projects, and should be used with restraint in other cases. We support legislation to prohibit the use of eminent domain in all cases similar to that sanctioned by the United States Supreme Court’s ruling in Kelo vs. New London, Connecticut. The appraised value, legal description, and plat of any property proposed for acquisition by a public agency should be made available to the property owner during the initial phase of negotiations. Individuals whose land is involved in federal condemnation proceedings often find their efforts to seek relief i