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.
116. 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).
117. 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.
118. MAINTENANCE CODES FOR RURAL
AREAS
West Virginia Farm Bureau opposes any state or
county maintenance codes for rural areas.
119. 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.
120. 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.
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121. 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 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,