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