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 in the federal courts seriously delay settlement and are exceedingly expensive. We support establishment of a civilian review board, independent of government agencies, to which property owners could appeal condemnation decisions prior to proceeding in court. In court proceedings challenging the authority of any agency to take property, or proceedings resulting in awards to the landowner in excess of compensation offered by the agency involved, the favorable decision should also reimburse the landowners more than fair market value for attorney’ s fees, appraisal costs, and other reasonable expenses.
122. ADVERSE POSSESSION
The taking of another’ s land by occupation or fence construction is a violation of private property rights. West Virginia Farm Bureau supports repeal of all laws establishing adverse possession( squatters’ rights).
123. PROPERTY BOUNDARY LINES AND FENCES
West Virginia Farm Bureau recommends that painted survey boundary lines be recognized for all legal purposes including trespass enforcement. Color, type and size of markings should be specified for uniformity.
We recommend all adjoining property owners be notified by the surveyor of the intent to survey and then be provided with the survey results upon request. We ask that surveyors be required to use clearly visible survey stakes of adequate height and marking to avoid damage to farm equipment.
We support legislation that requires the equal sharing of expenses to construct and maintain property boundary fence.
124. MAINTENANCE CODES FOR RURAL AREAS
West Virginia Farm Bureau opposes any state or county maintenance codes for rural areas.
125. BURNING OF ABANDONED FARM BUILDINGS
We recommend that agricultural landowners be allowed to burn abandoned structures – i. e. barns and equipment sheds – on lands qualifying for“ farm use” tax classification, provided that the structure is free of asbestos, asphalt, wiring and any other hazardous materials.
126. GOVERNMENT SURPLUS LAND
West Virginia Farm Bureau recommends that the last private owner or their heirs, successors or assignees be given first option to repurchase any declared government surplus land.
127. RAILROAD OPERATIONS
West Virginia Farm Bureau recommends that once damage or loss to a property owner resulting from railroad operations is reported to the railroad that a representative of the railroad should investigate within five days, a settlement satisfactory to both parties should be reached within 30 days and the railroad be held solely responsible for any legal fees or costs.
We oppose provisions of the National Trails System Act that permit abandoned rail property to be donated and / or used for nature trails, or other recreational purposes. When a railroad is abandoned, the rights of way should be returned or
West Virginia Farm Bureau News 31