CONSTITUTIONAL AMENDMENTS

27. TERM LIMITATIONS FOR ELECTED OFFICIALS Farm Bureau supports term limitations for the members of the U.S. Congress and the WV Legislature.

We propose a limit of three, four-year terms in succession for U.S. Senators and six, two-year terms in succession for member of the U.S. House of Representatives. We recommend comparable 12-year limits for members of the West Virginia Senate, House of Delegates and State Supreme Court of Appeals.

28. OFFICE OF LIEUTENANT GOVERNOR AND ELECTION OF STATE OFFICIALS

Farm Bureau is opposed to the creation of the office of Lieutenant Governor. Existing provisions for filling the office of Governor, in case of death or inability of the Incumbent to serve, are adequate. The state population, tax base, and requirements of this office would not justify the creation of another executive position.

We further recommend that all of the present state elective offices be continued as such and that the Executive Branch of Government not be expanded.

29. CONSOLIDATION OF CITY & COUNTY GOVERNMENTS

Should government consolidation be proposed, each incorporated municipality and the voting precincts in the areas of the county outside the municipality must approve the consolidation by a super majority vote.

30. REVISION OF STATE CONSTITUTION

Farm Bureau opposes the holding of a State Constitutional Convention for general redrafting of the existing Constitution.

We oppose any change in the existing Constitution.

31. AMENDMENTS FOR BOND ISSUES

Farm Bureau recommends that amendments for bond issues not be presented to the people by the Legislature unless it is clearly stated how the bonds are to be retired, and how the funds are to be distributed.

32. WORDING ON BALLOTS

Farm Bureau recommends that amendments or issues placed on the ballot for voter consideration be worded in such a manner that a simple yes or no means exactly that, and not be worded in such a manner as to be confusing to the voter.

33. RECALL OF PUBLIC OFFICIALS

We recommend that public offi cials in West Virginia be subject to recall with the possibility of removal from office by popular vote.

34. SELECTION OF JUDGES IN THE SYSTEM OF COURTS IN WV

Farm Bureau supports changing the system of selection of justices and judges in West Virginia’s courts to a nonpartisan ballot.

35. DESECRATION OF THE UNITED STATES FLAG

The United States Supreme Court has ruled that states could not impose a penalty for desecration of one’s personal United States flag.

Farm Bureau believes that the United States flag is a symbol of freedom and liberty unequaled in the world and that the wanton destruction of our flag demeans the values, which we, as free people, hold so dear. We recommend that any American flag sold which is 2 ft. x 3 ft. or larger come with instructions for proper use – display and disposal.

We support a constitutional amendment making flag desecration a felony.

36. BALANCED FEDERAL BUDGET

Farm Bureau insists on a balanced federal budget, accomplished by reducing federal government expenditures and not increasing taxes. Any balanced budget proposal should require full compliance in not more than fi ve years.

NATURAL RESOURCES AND ENVIRONMENT

60. ABANDONED PIPELINE RIGHTS-OF-WAY

Land rights-of-way for pipelines and any other public or private utilities abandoned for two or more years shall revert to the surface landowner. The landowner shall not be held liable for any damages or pollution caused from this abandoned equipment or material.

61. LAND USE PLANNING

WV Farm Bureau believes that land use decisions can best be made at the local level by private landowners and farmers. We urge farmers to become involved in the land use planning process at all levels of our government to protect Agriculture. WVFB believes land use planning must maintain the potential for the land to produce food and fiber for future generations and not infringe upon property rights.

WVFB supports agriculture representation on land use planning and subsidiary committees to be no less than 20% of the membership. Agriculture representation must be by county resident agriculture producers. Property owners should have the right to appeal all decisions of the land use planning and subsidiary committees. WVFB recommends that all planning and zoning ordinances be voted on by referendum during general elections.

62. FARMLAND PROTECTION

WVFB desires the preservation of agricultural land for future generations’ production of food and fiber. WVFB supports changes to the capital gains and income tax portions of the WV Tax Code, which will enhance the donation of land. WVFB believes counties should have the ability to purchase perpetual easements or long-term leases of the property’s development rights.

WVFB supports appropriate federal and state legislative changes to the Farmland Protection Program to allow a county option for timber harvesting and the exploration of oil and gas on protected lands as long as it requires a minimal footprint or maintains the integrity of the land. WVFB supports the use of tax revenue generated from businesses who profi t from the exploitation of land (development of utility rights-of-way, gaming, hotel/ motel tax and natural resource extraction) to purchase development rights as perpetual easements or long-term leases.

63. CONTROL OF WILDLIFE AND COMPENSATION FOR WILDLIFE DAMAGE

Damage by deer and other wildlife has become a problem throughout our state and the over population of deer is a serious highway safety hazard. Coyote, mountain lion, bear, and other predatory animals have caused tremendous economic loss to the livestock industry in West Virginia. The indiscriminate damage caused by these animals greatly exceeds that of dogs, making state and federal assistance imperative.

Farm Bureau recommends:

In order to create favorable relationships between landowners, sportsmen and the public, a statewide educational program should be developed through DNR, Farm Bureau, and other agricultural organizations to educate the population on the unfairness of farmers bearing all costs of keeping wildlife.

1. The West Virginia Department of Agriculture should provide local conservation officers and other DNR employees with equipment and materials needed to control coyote, mountain lion, bear, and other predatory animals. Nuisance bear must be destroyed. Farmers shall be allowed to destroy or halt predatory animals on site.
2. Removal of coyotes from active grazing lands is imperative. We recommend that the state of West Virginia expand the existing coyote control program that includes use of coyote control collars, snares, trapping and other methods, including, but not limited to, night vision lighting, artificial calling devices and bounties. The program shall include reimbursement to farmers for livestock damage, with payment made within 60 days. Enforcement of a fully funded coyote control program shall be vested in the WV Department of Agriculture. We recommend that coyote control program be expanded so that assistance is available to all farmers in the state.
1. Continuation of the issuance of crop damage permits. The crop damage permit category should include pasture and meadowlands. Streamlining the crop damage permit system by allowing three non-relative farmers to assess the situation and forward a recommendation to the DNR District offi ce where permits will be issued in accordance with the three-farmer recommendation within four days. The harvesting of the deer will not be restricted as to time of day or as to who may complete the harvest. We also recommend allowing any unused portion of an antlerless deer crop damage permit be filled during deer hunting season.
2. We recommend that raccoons be removed from seasonal hunting due to damage to gardens and field crops.
3. If the N stamp is not eliminated, then the money generated from the sale of this stamp should fund a crop damage reimbursement program available to those farmers who suffer deer-related crop losses. The allocation of funds from this program to a county should be determined by the number of N stamps sold there in the prior season. Farm Bureau recommends an additional $5 fee on hunting licenses to reimburse farmers for crop damage.
4. The rate of compensation for the Bear Damage Compensation Program should be reviewed every two years and should be adjusted to reflect more accurately current market prices.

64. DEER HERD REDUCTION

Farm Bureau recommends reduction of the deer herd to 18 deer per square mile. In order to accomplish this we support:

1. An additional black powder season from Nov. 1- 15
2. An increase in the season bag limit
3. Requiring all hunters to bag an antlerless deer before bagging a second buck

65. DEER DAMAGE STUDIES

Farm Bureau recommends the economic losses caused by deer be ascertained. Specifically:

1. A study by the Division of Forestry detailing impacts on the timber industry.
2. A study by the Department of Agriculture and West Virginia University detailing losses to farm products, grasslands, nursery products, agro forestry, gardens, landscaping, orchards, fences and any other property damage caused by deer.
3. A study by the Insurance Commissioner detailing vehicle damages, injuries and loss of life due to collisions with deer.

66. INTRODUCTION AND/OR REINTRODUCTION OF SPECIES, INCLUDING ELK

We support a diverse environment rich in wildlife and plant life; however, we believe that before any person or government entity introduces or reintroduces any plant or animal species to this state that a full agricultural, economical and environmental impact study must be undertaken at the proponent’s expense.

If the studies reveal that the introduction or reintroduction may have a negative impact on agriculture, the environment or the safety and wellbeing of the citizens of this state, the plans for the introduction or reintroduction should cease. If the species is introduced or reintroduced, the governmental agency and/or person responsible for the introduction or reintroduction of the species must assume full responsibility for any damage caused by the species.

67. WILD BIRDS

Farm Bureau recommends that the definition of wild birds be as follows: Wild birds means all birds except domestic poultry (chickens, ducks, geese, guinea fowl, pea fowls, and turkey) members of the family Psittacidae (parrots and parakeets), other foreign cage birds such as the common canary, exotic fi nches, ring doves and pen raised game birds such as pheasant, quail, waterfowl, turkeys and chuckar partridge. The term wild bird shall include only those birds that are hatched in the wild and at no time of their lives pen raised.

The population of resident geese has expanded in some states as migratory patterns have changed. This increase results in added crop damage, yet state fish and game authorities are unable to combat the problem due to federal jurisdiction. We support efforts by the U.S. Fish and Wildlife Service (FWS) and regional migratory waterfowl councils to control the excessive populations and associated crop damage. We recommend that bag limit for geese be doubled and the hunting season for resident geese hunting be extended. In addition, we believe an agricultural producer has the right to protect their animals, by any means necessary, in the event of an attack by the black-headed vulture without penalty.

68. BEAR SANCTUARIES

Division of Natural Resources estimates of the black bear population, coupled with the increase in livestock losses by local farmers, indicate that there are sufficient black bear and that protected areas are no longer necessary to maintain that population.

Therefore, Farm Bureau urges the West Virginia Division of Natural Resources to rescind bear sanctuary status in West Virginia.

69. BEAR SEASON

Due to the overpopulation of black bear, hunting season for the animal should be extended. We recommend that the opening of bear season coincide with opening of white-tailed deer hunting season, at which time it would be unlawful to use dogs, and have the season remain open through the end of the calendar year.

Farm Bureau recommends there be a special season the first week of September for private landowners to hunt bear.

70. TRESPASS & HUNTING LAW ENFORCEMENT

Farm Bureau recommends that trespass and hunting laws be strictly enforced and that minimum trespass penalties be increased to $500.

71. PALESTINE BASS HATCHERY

We recommend that the West Virginia Division of Natural Resources (DNR) continue to use and upgrade the Palestine Hatchery located in Wirt County.

72. SUNDAY HUNTING

Farm Bureau does not support hunting on Sunday.

73. SUNDAY HUNTING NONRESIDENT HUNTING & FISHING LICENSES

1. West Virginia Farm Bureau supports the concept that landowners, the children of landowners, and the parents of landowners shall not be required to purchase hunting or fishing licenses to hunt or fi sh on their own property.

74. CLEAN WATER ACT AND AGRICULTURAL WATER QUALITY PROGRAMS

West Virginia Farm Bureau supports the concept of cleaning up West Virginia water. The current focus of the Clean Water Act should remain that of achieving fishable and swimmable standards. Standards should not result in unfunded mandates for landowners or city and county governments and should be subject to sound cost/benefit and risk assessment analysis.

The Clean Water Act should not alter state water rights and should encourage state control over these programs. Efforts to address nonpoint runoff should target impaired watersheds using a worst-case first approach. Efforts to control phosphorous content of runoff water should be applied to ALL contributors. West Virginia Farm Bureau will not condone the intentional pollution of any water sources.

Farm Bureau wants to ensure that the Interpretative Rule regarding the nomination process for Tier 3 streams is followed, including individual notification of landowners affected and current scientific data regarding the stream(s) involved.

75. WATER USE AND RIGHTS

West Virginia should continue the use of the riparian rights doctrine, giving humans and animals top priority.

76. WETLANDS

Farm Bureau recommends there be uniform criteria for all agencies to use in designating wetlands. We also recommend that all land designated as wetlands be purchased at full market value or owners compensated for the loss of use. Land historically used for agriculture should be considered converted farmland and not be subject to wetlands regulations.

It is recommended by Farm Bureau that counties currently requiring mandatory storm water management plans monitor and enforce these plans to assure compliance in meeting the intended function and requirements of the permit. Any economic damage caused by failure of compliance with the permit or failure of design that affects neighboring property owners should be the responsibility of the permit holder.

77. USE OF FERTILIZERS & NITRATES FOR ICE REMOVAL

1. Agricultural producers are continually accused of using excessive amounts of fertilizers and nitrates that pollute the ground water. However, federal, state and local governments are purchasing and using tremendous quantities of nitrates, especially urea, to clear roads and airport runways of ice accumulation. These materials are flushed directly into the waterways, not filtered through the soil as are agriculturally spread materials. Farm Bureau recommends that all government agencies and/or private contractors be held accountable for the impact on water quality from their excessive use of these materials.
   

78. SOIL EROSION AND SEDIMENT CONTROL

Public anxiety about the environment is resulting in a rash of legislation at both the state and national levels, without thorough investigation of the consequences of such legislation.

Farm Bureau supports programs that establish voluntary best management practices that reduce erosion from disturbed lands.

79. EROSION CREATED BY RIVER NAVIGATION

Farm Bureau recommends that the federal government appropriate funds for control of erosion problems created by dams and locks. We recommend that feasibility and environmental studies be completed before the water level of a pool is raised or lowered; and that farmers who suffer damage because of the higher water tables shall be compensated for damages including payment for land that is rendered useless by high water tables or by stream bank erosion.

We recommend that no-wake zones be created along small streams navigable to pleasure boats due to increased water levels created by the new locks and dams.

80. NATURAL DISASTER DAMAGE

Farm Bureau recommends that the Division of Highways and landowners be exempt from regulations and environmental impact statements when repairing roads, bridges and streams damaged by natural disasters.

81. WATER PROJECTS BY U.S. ARMY CORPS OF ENGINEERS

Farm Bureau opposes land-consuming projects proposed by the U.S. Army Corps of Engineers. Large downstream reservoirs created by high dams of the type generally proposed by the Army Corps of Engineers are generally detrimental to the community and county in which such dams are located. The U.S. Army Corps of Engineers largely depends upon projected recreational benefits to justify the construction of these dams and the purchase of large acreages of land adjoining the lake. Flood control studies undertaken by a government agency should be subject to a public forum.

We favor flood control through alternative methods.

82. FLOOD CONTROL ON THE GREENBRIER RIVER

Farm Bureau opposes construction of dams on the main stem of the Greenbrier River and/or its major tributaries.

Farm Bureau favors alternative methods of flood control such as levies, dikes, dredging, small watershed dams, ponds, relocations and local protection projects.

83. INTERSTATE COMMISSION ON POTOMAC RIVER BASIN

The Interstate Commission on the Potomac River Basin should serve in an advisory capacity to the states in the Potomac Basin. It should not have approval or coercive authority within any state. The West Virginia Legislature should examine the existing interstate agreements and consider necessary clarification of any authority or implied authority over West Virginia residents, property or agencies.

Decisions affecting West Virginia should remain under the control, management, and responsibility of elected officials of West Virginia.

84. WILD AND SCENIC RIVERS

Farm Bureau opposes any additions of West Virginia streams to the Wild and Scenic Rivers Program of the U.S. Department of Interior or U.S. Department of Agriculture or any other program that would impair title, management and local control of streams and river basins.

85. ARMY CORPS OF ENGINEERS

The Army Corps of Engineers was given authority to control non-navigable and navigable streams and rivers in 1977. Farm Bureau recommends this law be changed giving the Army Corps of Engineers control over only navigable rivers and streams. All authority over non-navigable rivers, streams and wetlands is to be delegated to the appropriate agencies of the state.

86. SOLID WASTE DISPOSAL

Farm Bureau recommends that provisions be made for safe disposal within West Virginia of waste generated in state. Disposal of out-of-state waste in West Virginia should be prohibited.

We encourage strict enforcement of West Virginia litter laws.

Recycling should be encouraged with the development of recycling centers, educational programs, and development of cost effective collection sites for the disposal of large items such as household appliances, tires, used machinery, etc.

We urge the Solid Waste Authority to promote and implement composting facilities with the agricultural community to help reduce the bulk of materials going to landfills. It is urgently recommended that laws that establish procedures for the disposition of household trash and garbage be amended to permit the controlled burning of all paper products outside of municipalities.

We oppose any efforts to amend, grandfather provisions into, or dismantle laws which give citizens the right to petition for a referendum on proposed commercial infectious waste facilities in their communities.

87. ENERGY

Farm Bureau believes that national interest is best served by a sound energy policy, which encourages conservation and provides incentives for production. Such incentives encourage individuals or companies with nonproducing gas and oil wells to re-enter production.

We recommend that, where feasible, hydroelectric generators be installed at existing dams and that the feasibility of hydro-generation be considered at new impoundments.

West Virginia’s coal industry and the potential use of hydroelectric generators on existing dams should be given priority status in meeting production demands.

We recommend continued research and development of coal, waste, ethanol, methanol, wind power and other resources to provide environmentally sound electric generation.

88. SUBSIDENCE DAMAGE CAUSED BY MINING

The West Virginia Farm Bureau supports the enforcement of existing laws and the development of additional laws pertaining to all mining. The West Virginia Farm Bureau urges that existing laws be more strictly enforced and that additional laws be created that address subsidence issues related to farming and agribusiness. This is particularly true in the area of water loss from farm ponds, springs and the water table. Water loss in the water table affects osmosis preventing underground water from nourishing deep roots of trees and crops. This can deprive producers of the ability to grow crops on their land permanently.

Because the effects of subsidence can be irreversible, compensation must be adequate to the loss incurred. Farm Bureau recommends three independent appraisals to assess damages and insure proper compensation.

89. NATURAL GAS ROYALTY DISTRIBUTION

Farm Bureau recommends that a royalty for all gas and constituents thereof, including all liquid, solid or gaseous substances produced and saved from any sand or sands and/or formation or formations on the owners royalty, an amount equal to at least one-eighth (1/8) of the price be received from the sale of such gas and constituents thereof. Payment for royalty for gas produced and marketed during any calendar month is to be made within ninety (90) days from the end of the month of production.

Gas royalty shall not be less than one-eighth (1/8) for the month such gas is produced, without deductions. All gas produced shall be measured by a meter set at the wellhead and the royalty shall be paid on the volume measured accurately at that point. If royalty payments are less than $25, they will be paid annually.

90. THEFT OF OIL, GAS, COAL

Whereas there have been and continue to be thefts of significant amounts of oil, gas and coal, and since these thefts have not been considered criminal actions, those whose resources were stolen are forced to seek redress in civil court against individuals and firms with significant resources, thus making recovery difficult if not impossible.

Farm Bureau requests that the WV Legislature enact legislation specifying that the theft of oil, gas, or coal be crimes and that the same fi nancial guidelines be used to determine the amounts that would make the crimes misdemeanors or felonies.

91. TIMBER MANAGEMENTAND HARVESTING

Farm Bureau opposes any changes in current law that would restrict the ability of the landowner to harvest timber and manage their woodland.

92. NATIONAL FOREST TIMBER

The federal government owns a major portion of our standing timber. Farm Bureau recommends that the U.S. Department of Agriculture continue its policy on the harvesting of this timber and permit the U.S. Forest Service to identify and selectively cut marketable timber and sell it on the open market with proceeds of the sale going to the county in which the sale occurs and that all saleable timber be removed.

93. HARVESTING OF DEAD TREES IN STATE FORESTS

Much of the state owned forests contain dead trees. This situation is caused, largely, by gypsy moth damage and drought. Harvesting of dead timber would be beneficial. Not only would harvesting eliminate undesirable dead trees, it would generate revenue that could be used to further combat the gypsy moth. Farm Bureau also recommends dead and dying trees be removed from the recreational areas of the state parks to protect users.

It is further recommended that the harvesting be done before deterioration in quality of the dead trees begins. A bidding process could be used to ascertain that the highest return possible on the harvest would be received.

94. EXEMPTION FROM CERTIFICATION/ LICENSING FOR TIMBER OPERATIONS FOR LANDOWNERS

Farm Bureau recommends that West Virginia landowners who harvest wood products from their property be exempt from certification and licensing requirements of the Division of Forestry if such operations gross $50,000 or less in annual revenue.

We believe that this exemption does not relieve the landowner of the responsibility to be a good steward of the land. In all operations, the landowner shall follow Best Management Practices (BMP) as defined by the Division of Forestry.

95. GINSENG PRODUCTION, HARVESTING AND SALE

Farm Bureau supports the allowance of planting, harvesting and sales of woods grown and cultivated ginseng.

96. DEPOSIT ON BEVERAGE CONTAINERS

Because of the enormous expense of cleaning litter from highways and fields, we recommend that a deposit of $.10 per unit be required on all carry out cans and bottles, and that the sellers of such beverages be required to refund the deposit when containers are returned.

PUBLIC ISSUES

97. DISTRICTING PATTERN FOR THE WV HOUSE OF DELEGATES

WV Farm Bureau believes strongly in the idea of equal representation in the legislative branch of government, and in the principle of “one person, one vote.”

WV Farm Bureau supports a single-delegate district model for the West Virginia House of Delegates, whereby each citizen of West Virginia is represented in the House by only one member of that body.

98. ANNEXATION Because of a recent change in the annexation law, a municipality can annex a roadway to a parcel of land, and annex that parcel of land, leaving other property along the way out of the annexation. These property owners along the roadway have no voice or vote in the annexation. This “shoestring” or “spider web” annexation may adversely affect the property owners adjoining the annexed roadway.

West Virginia Farm Bureau supports repealing the law that provides for such annexation.

99. MARRIAGE

West Virginia Farm Bureau defi nes “marriage” as the legal union of a man and a woman as husband and wife.

100. CELL PHONE USAGE

West Virginia Farm Bureau supports legislation banning the use of hand-held cell phones for any purpose while operating a motor vehicle on a public highway.

101. DHHR RECIPIENTS

Farm Bureau supports legislation that requires drug testing for DHHR recipients, and if results of testing are positive, that benefits be withheld unless the recipient has a current physician’s prescription for the substance testing positive.

Farm Bureau recommends that:

1. No able-bodied person should be given assistance without giving an honest day’s effort
2. No woman’s benefits should be increased because of an illegitimate child
3. DHHR recipients should be permitted employment in part-time jobs without jeopardizing their status
4. Any individual convicted of a drug offense in West Virginia becomes ineligible for state assistance in any other form other than rehabilitation programs.

102. RELIGIOUS LIFE

Our nation was founded on spiritual faith and belief in God. Farm Bureau believes it to be man’s inalienable right to worship God, offer prayers, and to read the Bible as God’s word in all places, including schoolrooms, perpetuating the principles on which this nation was founded.

Solutions to problems arising from social and economic change involve the recognition of spiritual and moral values. The proper role of the churches and organizations of churches is to provide guidance on the moral and spiritual aspects of social and economic problems, rather than to lobby for or otherwise promote specific governmental actions.

We recommend legislation to prohibit the removal of God’s name from U.S. currency, flag salutes, prayer, oaths, or any other inscriptions whereby we deem the word of God desirable and acceptable.

We recommend the legislature enact a resolution to support the above.

103. PRIVATE PROPERTY RIGHTS

Farm Bureau supports legislation that would assure that no person may be deprived of the use of private property without due process of law and that no private property be taken or damaged by governmental action through regulatory authority. Any regulations that could infringe upon private property rights should not be implemented without thorough public review and an opportunity for appeal. Landowners should be fully compensated for direct takings of their property from a government entity and for the loss of use of their property as a result of government-invoked regulations.

We urge a review of all state and local regulations that encroach on the rights of property owners.

1. Oil and Gas Extraction

A significant number of landowners have split estates, not owning their minerals. Therefore, Farm Bureau urges the Legislature to enact appropriate legislation to address issues identified by our membership. We recommend legislation that will require those drilling and/or operating oil and gas fields –both shallow and deep, including storage fields - to pay to the owner of the surface a yearly fee for each producing well and /or capped well and/ or storage areas and for all environmental damages. Since coal bed methane is a gaseous fossil fuel, it should be administered as such, and not construed as part of the solid coal, and thus be owned by the owner of the oil and gas resources. Furthermore, we believe compensation to the landowner for damage sustained from drilling or transport operations should be based on actual losses versus a set fee. In order to accomplish this, we support:

a) Giving a 90-day notification to the landowner before any surface operations begin

b) Compensation for timber at current market value

c) Compensation for pasture and crops

d) Returning soil and nutrients to at least the previous level of production

e) Replenishing water sources in both quantity and quality

f) Replacing and/or repairing fences and roads

g) Providing free gas to surface owners

Farm Bureau supports a legislative reevaluation of the tax increment finance law and accompanying regulations to ensure that individual private property rights are not violated.

Proposals for acquisition of easements on private lands, other than by eminent domain, are in direct violation of the fifth amendment of the United States Constitution.

2. Regulatory Taking/Restrictions

The acquisition of partial interests and control of lands, through rules and regulations deprives the present and future owners of traditional and inherent rights of land ownership - being able to utilize private land for its highest and best use. When the taking of land or land use becomes necessary for public use purposes, long-term leases or eminent domain should be utilized.

3. Public Utility Companies

Public utility companies should be limited in exercise of the right of eminent domain to cases in which the necessity of taking of private property must be shown with notice and right of hearing within the affected area by any property owner affected before the Public Service jurisdiction. Eminent domain should not be exercised when a more direct and economical route could be used through public lands or along borders of crop fields.

The recording of a plat showing rights-of-way ingress and egress shall not constitute the dedication of right of-way for public utility companies.

We recommend that the utility companies be required to negotiate with the landowner regarding pole and line, especially high voltage line placement and/or relocation, and provide just compensation for damages, tax relief, restricted use, inconvenience, and on-going liability due to their presence.

Utility companies should notify landowners prior to entering, other than in a case of an emergency, for clearing right-of-ways and other work. Any brush cut must be placed in a manner that is acceptable to the landowner. Any land disturbing activities must be reclaimed in such a way that is acceptable to the landowner. The discontinuance or abandonment of utility services and discontinuance of utility lines, wire, rails, or pipes, shall constitute abandonment and forfeiture of such rights-of-way should revert to the fee owner. If the parcel of land is not used for the purpose intended after two years, it shall be deemed excess and shall revert to the present landowner or his heirs or assignees within one year.

104. EMINENT DOMAIN

When the taking of land becomes necessary for public use, the landowner should receive adequate compensation based on the current market 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 for attorney’s fees, appraisal costs, and other reasonable expenses.

105. ADVERSE POSSESSION

The taking of another’s land by occupation or fence construction is a violation of private property rights. Farm Bureau supports repeal of all laws establishing adverse possession (squatters’ rights).

106. PROPERTY BOUNDARY LINES AND FENCES

Farm Bureau recommends that painted boundary lines be recognized for all legal purposes including trespass enforcement. Color, type and size should be specified for uniformity.

We recommend all adjoining property owners be notified by the surveyor of the intent to survey and then 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, including land utilized for the growth of timber, whether private or public lands.

107. MAINTENANCE CODES FOR RURAL AREAS

Farm Bureau opposes any state or county maintenance codes for rural areas.

108. 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.

109. GOVERNMENT SURPLUS LAND

We recommend that the original landowners or heirs be given first option to repurchase any declared government surplus land.

110. HISTORICAL SITES

Farm Bureau continues to support the preservation of historical artifacts and sites. However, slow decision-making processes by the West Virginia Department of Culture and History have added thousands of dollars to public projects. Therefore, Farm Bureau supports a review of the procedures and policies of the Department of Culture and History, so that we can preserve and maintain signifi cant historical sites for future generations while at the same time allowing public projects to proceed without additional unnecessary costs.

A time limit should be set on the development of historical sites located on private land. After this time limit is reached, the site shall be approved for development or full control of the site shall revert to the landowner.

111. RAILROAD RIGHTS-OF-WAY

Farm Bureau recommends that once damage or loss to a property owner resulting from railroad rights-of-way 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 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.

112. LEGAL LIABILITY

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.

113. 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.

1. Property Damage We recommend that the West Virginia Legislature:

a) Adopt more severe penalties for violation of property rights and destruction of property and provide for restitution and reimbursement by the perpetrator

b) 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

c) Provide for mandatory sentences to be given to persons convicted of vandalism and breaking and entering

d) Amend the law to prohibit drivers, owners, wrecker operators or law enforcement offi cials 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

2. State Police Support

Farm Bureau recommends that Congress and the WV Legislature strengthen laws to provide support and protection for law enforcement officers.

We recommend that the WV Legislature increase the budget to the Department of Public Safety to provide adequate State Police protection in all West Virginia counties.

3. 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 state 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.

4. 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 apprehending drug and alcohol abusers, times and locations of sobriety checkpoints should not be publicized.

We oppose the legalization of marijuana and support mandatory sentences for possession and/or sale. We recommend that drug dealers who are indicted and found guilty be severely punished.

We also recommend that the Federal Drug Task Force make unannounced drug investigations without the knowledge of state or elected officials.

5. Pornographic Media

We support legislation to prohibit the mail distribution of pornographic materials and the advertising of such materials. We favor the efforts of the Federal Communications Commission to establish guidelines designed to prevent salacious television programs and pornographic material on the internet.

We urge Farm Bureau members to oppose the use of objectionable material through letters to, and personal contacts with, television stations, program sponsors, theater owners, motion picture production companies, publishers, and newsstand operators.

6. Criminal Justice and Community Service

The Courts should be less lenient in granting probation and suspending sentences without some penalty. We favor the speedy administration of justice with stricter enforcement of criminal law.

We recommend that the criminal justice system focus on the punishment of those who commit crimes against society as a deterrent to future criminal activity. We recommend closer monitoring of persons given parole or placed on a work release program. We support and encourage cost-effective public works programs, such as the CCC for minimum-security prisoners, unemployed or delinquent youth.

Old cemeteries are part of our heritage, and are gradually deteriorating and disappearing. Farm Bureau suggests that the state use offenders who have been sentenced to community service to clean up old cemeteries.

Farm Bureau favors the passage of “Jessica’s Law,” which calls for a mandatory sentence of life imprisonment for the molestation of a child.

7. Criminal Disclosure and Public Office

State criminal laws should be changed to allow public access to adult and juvenile criminal histories, including prison disciplinary records and transfers.

Victims, family members and police must be notified of escapes, impending paroles, furloughs, or other releases.

Sex-crime victims should be able to require that their assailants undergo blood tests to reveal any transmissible disease, and the victim should then be informed of the results.

Legislation should be enacted that prohibits the appointment of a person convicted of a felony to any position of authority in state government. Legislation should also be enacted requiring the forfeiture of wages, salary, retirement pay and benefits of any elected or appointed public official who is convicted of a felony committed while serving in office.

8. Juvenile Justice

We recommend that the juvenile justice code be expanded to hold parents accountable for the damages committed by their children.

Because of the seriousness of juvenile crime, we recommend that a juvenile who commits a crime be held accountable for that crime. Juveniles who are thirteen years of age or older, who commit felonies, should be prosecuted as an adult.

We also recommend that the names of juveniles and the crimes committed not be withheld from the media.

114. UNINSURED DRIVERS

To help alleviate the problem of uninsured drivers, a driver who wishes to cancel his insurance must first surrender his or her vehicle license tag and registration card to the state police. The state police will then issue a certificate of surrendered registration that the driver will be required to present to the insurance carrier before the insurance is cancelled.

Farm Bureau recommends that the minimum amount of liability insurance required be increased from 20/40/10 to 50/100/50.

Certificates of insurance should only be issued for the period of time paid for.

115. IMMIGRATION

We request that the WV Legislature adopt a resolution demanding that the Congress and the President honor their Constitutional duty to protect the border of the United States from the flood of illegal immigration.

With the increasing burden on taxpaying American citizens for social services, law enforcement and especially the likelihood of highly contagious and potentially pandemic diseases entering the country via the influx of illegal immigrants, this issue must be addressed.

116. WV DEPARTMENT OF HEALTH & HUMAN RESOURCES PROCEDURE FOR ASSUMING CUSTODY OF CHILDREN DURING SCHOOL HOURS

We strongly urge the WV Department of Health and Human Resources to amend their procedures for seizing custody of children bound for foster care directly from the classroom. If it is deemed necessary to take a child into custody during school hours, it should be done in cooperation with the school administration, and in such a way that it does not further add to the child’s trauma or interrupt the classroom environment.

117. SOCIAL SECURITY

Farm Bureau recommends that all income taxes on Social Security cease.

118. HEALTH INSURANCE

Farm Bureau is opposed to national health insurance in any form. We oppose any legislation on health insurance that would adversely impact the agricultural community and/or rural West Virginia.

119. RIGHT TO WORK

Farm Bureau recommends that the West Virginia Legislature place the right to work issue on the ballot.

120. RIGHT TO WORK FOR CHILDREN

Farm Bureau favors amending the Fair Labor Standards Act to restore the right of persons under age 14 to work on farms during non-school time, with the written consent of parent(s) or guardian.

121. STRIKES OR WORK STOPPAGES BY PUBLIC EMPLOYEES

Farm Bureau favors legislation to prohibit strikes by government employees. We recommend that the penalty be forfeiture of tenure and seniority rights.

122. REPEAL OF DAVIS-BACON ACT

Farm Bureau urges the repeal of the Davis-Bacon Act and similar state legislation. Prevailing wages are often artificially high and may be detrimental to local projects and contractors.

123. DEMAND BILLINGS ON ELECTRICITY RATES

Electric companies use demand billing rather than power used basis on some meters, adversely affecting many customers who use certain meter facilities for very short periods during the year, causing billed amounts to exceed the power actually used.

Farm Bureau requests that the Public Service Commission require the KW demand be reviewed every two years by the provider and adjusted based on most recent history of usage.

124. UTILITY RATE HEARINGS

Utility rate increase and policy change hearings are currently held only in Charleston. Farm Bureau recommends that these hearings be held in the communities affected by the proposed increase.

125. MANDATORY ENLISTMENTS OF PUBLIC WATER AND SEWAGE TREATMENT SYSTEMS

Landowners who have adequate water and/or sewage systems should not be forced to accept public service or be charged for that service if not accepted

126. ADVERSEDISPUTED ELECTIONS OVER RESIDENCY

In the event of disputes over residency, Farm Bureau recommends the recipient of the majority of votes hold office until a decision is reached through the court system.

127. COUNTY REFERENDUMS

Farm Bureau recommends legislation requiring that a referendum that is defeated in a county election cannot be placed on the ballot again for four years, and then must coincide with a General Election.

128. SIGNATURE REQUIREMENT FOR IMPOSITION OF COUNTY FEES

Farm Bureau believes that the signature requirement to impose a fee for services at the county level, which is 10% of voters who have voted in the last election, should be equal to or greater than the signature requirement necessary to force a ballot vote, which is 20% of voters who have voted in the last election.

129. COUNTY RECORDS

Information now available in the County Clerk’s records includes deaths, births, marriages, sex, marital status, and names of children. Farm Bureau recommends that the name of the cemetery where a deceased person is buried be added to these records.

130. SUPPORT OF VOLUNTEER FIRE DEPARTMENTS & EMERGENCY MEDICAL SQUADS

Volunteer fire departments and emergency medical squads are the first line of defense in cases of fire, flood, and other emergencies. Well-trained and well-equipped personnel save lives and property. Farm Bureau recommends that the WV Legislature and county commissions continue to support volunteer fire departments and emergency medical squads, and to establish them where needed.

131. GAMBLING

Farm Bureau urges our state lawmakers to reject any efforts to implement or expand casino gambling, slot machines, sports book gambling and other new forms of gambling into West Virginia.

132. PROMOTING FARM TOURISM IN WV

Farm Bureau supports farm tourism programs to increase farm income and provide urban dwellers the opportunity to spend their vacation in a restful, rural atmosphere.

133. REGISTRATION OF FIREARMS

The Constitution of the United States guarantees a citizen the right to keep and bear arms. Farm Bureau believes state or federal registration of fi rearms would be an infringement on the rights of citizens; therefore, we oppose any legislation that would require the registration, taxation or licensure of firearms.

134. CONTROL OF FOOD PRICES

Farm Bureau opposes efforts to control food prices by increasing food imports. Instead of attacking the food industry and current price levels, government should be assisting consumers in understanding the nutritional value of foods, and the economics of the food industry. We object to the government targeting the food industry as a major source of inflation.

135. FEDERAL BANKRUPTCY LAWS

We support bankruptcy legislation that provides severe penalties to persons who fraudulently declare bankruptcy.

We also recommend that anyone found to have fraudulently declared bankruptcy be barred from owning an interest in any business entity for a period of ten or more years.

136. APPALACHIAN REGIONAL COMMISSION

Farm Bureau recommends that federal and state leaders continue to support and fund the Appalachian Regional Commission.

137. EXPANSION OF NAFTA

We oppose the expansion of the North American Free Trade Agreement.

138. DISCLOSURE OF PUBLIC FUNDS

We encourage the legislature to adopt a companion act of the United States Senate proposal Bill 2950 to be similarly titled State Funding Accountability and Transparency Act. This legislation would create a searchable database of government spending in the state in which any funded line item could be easily examined online.

139. FOREIGN INVESTMENT

Farm Bureau is concerned by increased foreign investment in the United States. Congress should eliminate any tax advantages available to foreign investors in the United States.

140. DISCLOSURE BY ORGANIZATIONS SOLICITING DONATIONS

Farm Bureau supports disclosure of receipts and expenditures by religious and charitable organizations soliciting from the public.

We recommend that the West Virginia Solicitation Law be amended to require financial reports from evangelists and churches.

141. SWEEPSTAKES AND SALES SOLICITATIONS

Citizens are being victimized by mail, telephone, personal and electronic sweepstakes and sales solicitations.

Farm Bureau demands stricter enforcement of existing regulations implemented to protect vulnerable citizens from such activity.

HIGHWAYS

142. FARM VEHICLE REGULATIONS

Farmers in West Virginia are being stopped and ticketed for violations of commercial vehicle regulations. The DMV, DOT, PSC, and State Police have conflicting rules and regulations for commercial motor vehicles, or conflicting interpretations of these rules and regulations.

Farm Bureau recommends that farmers be exempt from commercial motor vehicle regulations, provided that the motor vehicle is:

1. Controlled and operated by a farmer/employee for private use
2. Not being used as a for-hire motor carrier
3. Being used to transport either:
   a) Livestock, crops or other agricultural products to or from a farm
   b) Vehicle, machines, materials or supplies to be used on a farm
4. Not carrying hazardous materials of a type or quantity that requires a hazardous materials placard.

143. IMPACT OF NEW HIGHWAYS ON AGRICULTURE LANDS

Farm Bureau recommends that the Department of Highways, when planning new highways, be required to include the impact upon agricultural lands of such highways. Special emphasis should be devoted to drainage onto adjacent lands, revegetation, seeding and mulching of road banks.

The state should be responsible for erection and maintenance of fencing on interstate and limited access road systems and assume liability for failure to comply.

144. HIGHWAY IMPROVEMENTS

One of the major problems affecting the economic growth of West Virginia is the lack of interstate highways. Farm Bureau supports the construction of the Little Kanawha River Parkway from I-79 at Burnsville, via Glenville, Grantsville, and Elizabeth to I-77 at Mineral Wells.

We also support the construction of an interstate highway from I-77 in Mercer County to I-64 near Huntington to replace U.S. Route 52, and the upgrading of W.V. Route 2 to a 4-lane highway.

We strongly recommend that Corridor H be completed as soon as possible.

We support the upgrading of US Route 250 from Corridor H at Norton to US Route 50 in Taylor County using the most feasible course, intersecting with Route 50 between Grafton and Clarksburg. We support the upgrading of Route 50 between Grafton and Clarksburg and the completion of 4-lane highway from the Charles Town Route 340 by-pass to the Virginia state line.

We recommend that Interstate 68 be extended from Morgantown to intersect with WV Route 2.

145. CONTINENTAL ONE TRADE CORRIDOR

Because of the negative impact on agriculture, Farm Bureau opposes the Continental One Trade Corridor concept.

This plan involves the building of a 4-lane superhighway adjacent to the existing U.S. Rt. 219. Instead, we favor improvements to the existing road.

146. PASSING LANES ON PRIMARY ROADS

Farm Bureau commends the State Division of Highways for establishing passing lanes and straightening of curves on many long hills on primary roads, and recommends that this policy be continued.

147. REMOVAL OF TOLLAT U.S. RT. 19 & I-77

Farm Bureau recommends removing the toll located at the junction of U.S. Rt. 19 and I-77. This toll is a burden to local citizens who use this highway. Farm Bureau recommends removing the toll on I-77 and opposes any increase of tolls on I-77.

148. FLASHING LIGHTS

Farm Bureau recommends the installation of flashing lights on all 4-Lane Highways and all major arteries to indicate a stop ahead with a sign stating that vehicles be prepared to stop when lights are flashing.

149. RURAL ROAD SIGNS - FARM VEHICLES

Because of the increase in traffic on rural roads, Farm Bureau recommends the DOH post signs on rural roads notifying drivers of slow moving agricultural vehicles and livestock movement areas.

150. SUBDIVISION ROADS

Farm Bureau believes that the Division of Highways should provide specifications for subdivision roads and that developers be compelled to construct such roads according to these requirements.

151. RAILROAD CROSSINGS

Because of the excessive number of accidents that occur at railroad crossings, Farm Bureau recommends all railroads be required to install a signal at each public crossing and maintain crossings in a smooth and safe condition.

We further recommend that new bridges near railroad crossings be raised so the trains will pass under the bridge.

152. NATURAL GAS LINE INSTALLATION NEAR HIGHWAYS

Farm Bureau recommends that all existing and newly installed gas pipelines and utility lines placed on state road property be buried at safe depth for maintaining the highway.

153. ALL TERRAIN VEHICLES

We support the use of ATVs, RTVs, UTVs, mini-trucks and vans for agriculture and oil and gas operators and utilities on public roads from one property to another.

We support the attendance and completion of a safety course by all riders. Farm Bureau recommends the elimination of liability for qualified instructors who offer agricultural ATV, RTV, UTV, mini-truck and van safety training, provided that a waiver of liability is signed by the participant and/or participant’s guardian.

WVFB supports the use of ATVs, RTVs, UTVs, mini-trucks and vans as farm use vehicles or implements of husbandry, as well as the legal classification of these vehicles as such, when operated by bona fide farmers for agriculturally related purposes. All other ATV, RTV, UTV, mini-truck and van use, on public roads only, except for farmers, oil and gas operators and utilities, must comply with all DMV regulations for licensing, insurance, helmets and titling.

154. MOTORVEHICLES, BICYCLES & JOGGERS

We recommend that the laws governing noise and speed of motor vehicles (especially motorcycles) be enforced.

We support programs that educate, promote and define the safe use of bicycles. Joggers should be made aware of safety hazards present, and the use of headphones by bikers and joggers should be prohibited on public highways.

155. USE OF SALT ON HIGHWAYS

The use of salt for snow and ice removal damages vehicles, roads, bridges and plant life. Farm Bureau recommends the use of salt, calcium chloride or other corrosive materials cease and be replaced with noncorrosive materials such as limestone or sand.

156. USE OF TIRE STUDS

We oppose the banning of the use of studded tires during the winter months.

157. ROAD MAINTENANCE

Farm Bureau recommends the West Virginia Department of Highways establish a preventive maintenance and corrective quality assurance programs for rural roads in West Virginia to insure the best roads at reasonable costs.

We also recommend a larger share of highway funding be used to improve secondary roads.

158. REMOVAL OF ROAD KILL

We recommend passage of a law requiring the West Virginia Department of Highways to remove all animals killed by motor vehicles from state highways and dispose of such in a sanitary manner.

159. WV DEPARTMENT OF HIGHWAYS SPRAYING

Farm Bureau recommends that the West Virginia Division of Highways use caution in using herbicides along highway rights-of-way.

160. AGRICULTURAL EXEMPTION FROM FMCS REGULATIONS

Farm Bureau supports changes in the Federal Motor Carrier Safety (FMCS) regulations that would exempt farmers from regulations, provided they do not travel more than 250 air miles from the farm.

161. RECYCLING OF MATERIAL FOR HIGHWAYS

Farm Bureau recommends that the West Virginia Division of Highways initiate action to recycle surfacing material for use in construction and/or repair of roads.

We further recommend that the West Virginia Division of Highways initiate action to utilize rubber from recycled tires in the construction of and/or maintenance of roads.