RAILROAD OPERATIONS
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
sold to the adjacent property owners within one year
of date of abandonment.
If abandoned railroad rights-of-way are used
for recreational purposes the agency owning or
providing the recreational use shall, with the
owner’s consent, build and maintain a fence
between the right-of-way and adjoining private
property sufficient to discourage users from
trespassing on the private property.
LEGAL LIABILITY
WVFB supports reduced landowner liability for
trespassers, hunters and utility companies.
WVFB supports reduced liability for landowners
and livestock producers for loose livestock.
We recommend that statutory limits be established
for liability awards for professional malpractice,
landowner liability and liability of municipalities, and
that attorney fees be capped in personal injury cases.
Often a person becomes a defendant in a liability
suit through no neglect on his or her part. The statute
should be changed to provide that the person bringing
the legal action be accountable for all court costs and
legal fees if the defendant is found not to be at fault.
Toward these ends, the Farm Bureau shall cooperate
with other groups and agencies to change liability law
and procedures.
CRIMES AND PUNISHMENT
Farm Bureau supports strong punishment as
a deterrent to crime. We also support fair and
consistent administration of justice, and believe the
punishment should fit the crime.
A. Property Damage
We recommend that the West Virginia Legislature:
32 West Virginia Farm Bureau News
Adopt more severe penalties for violation of
property rights and destruction of property
and provide for restitution and reimbursement
by the perpetrator
Direct the Department of Public Safety (and
other law enforcement officers) to give higher
priority to the enforcement of laws pertaining
to the protection of property
Provide for mandatory sentences to be given
to persons convicted of vandalism and
breaking and entering
Amend the law to prohibit drivers, owners,
wrecker operators or law enforcement
officials from leaving the scene of an accident
in which a fence is damaged, allowing escape
of livestock, until emergency repairs are
performed and the landowner, tenant or lessee
is notified of the incident and furnished the
name and address of the person responsible
for the damage
B. Capital Punishment
We recommend that capital punishment be
restored for wanton and deliberate murders and
for murders performed in the commission of rape,
robbery, or other heinous crimes. We recommend
that the date of execution not exceed six months
following a conviction. We support the enactment of
legislation that would impose the death penalty for
peacetime espionage acts involving the passing of
information that would constitute a serious threat to
national security.
C. Drugs
We support the right of employers and
government to test for illegal drug use. We request
that schools teach the dangerous effects of drugs and
alcohol. We further support prosecuting attorneys
and law enforcement officers’ efforts to control the
sale of drugs and alcohol. We oppose plea bargaining
or other arrangements that allow reduced sentences in
drug and alcohol-related cases.
In order to be more effective at apprehendin