WEST virginia legislature
2021 regular session
Introduced
House Bill 2999
By Delegates Fast, McGeehan, Kessinger, Gearheart
[Introduced March 09, 2021; Referred to the Committee on Agriculture and Natural Resources then Government Organization]
A BILL to amend and reenact §8A-12-12 of the Code of West Virginia, 1931, as amended, relating to ending the authority of county farmland protection boards to acquire ownership of farm property or other properties for farmland protection.
Be it enacted by the Legislature of West Virginia:
ARTICLE 12. VOLUNTARY FARMLAND PROTECTION PROGRAMS.
§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 property owner, the county
farmland protection board or the authority may acquire and place on record a
conservation or preservation easement. Acquired easements apply only to those
properties which qualify for consideration under the terms established by an
adopted farmland protection program; and
(2) (b) Acquisition of land and disposition.
-- With the consent of a property owner, the county farmland protection
board or the authority may acquire any property which qualifies for
agricultural protection under terms established by an adopted farmland
protection program. The county farmland protection board or the authority may
lease, as lessor, acquired property for agricultural uses or may restrict the
property to agricultural uses and sell the property at fair market value for
use as a farm. Any property acquired by a county farmland protection board or
the authority and then sold shall be sold subject to a conservation or
preservation easement. If the property is leased, the lessee shall pay to the
county commission, in addition to rent, an annual fee set by the county
commission. The amount of this annual fee shall be commensurate with the amount
of property taxes which would be assessed in accordance with the provisions of
this code upon the property if the property were held by a private landowner
Effective from the passage of this amendment to this section in the 2021
regular session of the West Virginia Legislature, no farmland protection board
or authority may acquire ownership of real property for purposes of protecting
farmland or farm uses of the property.
(b) (c) Revenues from the sale of previously
acquired properties restricted to agricultural uses shall be used to
recover the original purchase costs of the properties and shall be returned to
the applicable funds which were used by the county farmland protection board or
the authority to purchase the property. Any profits resulting from the sale of
property restricted to agricultural uses shall be deposited in a farmland
protection fund.
NOTE: The purpose of this bill is to remove the authority of county farmland protection boards to acquire ownership of farm property or other properties for farm uses and protection.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.