West Virginia 2023 Regular Session

West Virginia House Bill HB2476

Introduced
1/11/23  

Caption

Relating to property ownership by Farmland Protection Board

Impact

With the passage of HB2476, the fundamental structure of farmland protection in West Virginia will undergo a significant transformation. Previously, local boards could purchase land for conservation; however, the bill prohibits this practice outright. As a result, the sole method for farmland preservation will depend on voluntary agreements with property owners, affecting how farmers and landowners interact with county authorities. The legislation highlights a shift towards incentivizing cooperation from landowners rather than enforced property management by local boards.

Summary

House Bill 2476 seeks to amend ยง8A-12-12 of the Code of West Virginia by eliminating the authority of county farmland protection boards to acquire ownership of farm properties and other related lands for the purpose of farmland protection. This legislative move is intended to simplify the real estate landscape in relation to agricultural land and aims to prevent counties from holding title to properties they were mandated to protect. By ceasing property acquisitions, the bill emphasizes an alternative focus on negotiating conservation easements with property owners instead of owning land directly.

Sentiment

The sentiment surrounding HB2476 is mixed. Proponents believe that removing the acquisition power from county boards will streamline processes and relieve potential bureaucratic overreach by local authorities. Conversely, criticism has emerged from advocates who argue that this bill undermines the effectiveness of local farmland protection efforts and could lead to further degradation of agricultural land in the state. This sentiment reflects broader concerns about the balance between state authority and local governance concerning land-use practices.

Contention

Notable points of contention center around the practicality of relying solely on voluntary measures for farmland protection. Opponents worry that without the ability to acquire properties, farmland protection boards may struggle to implement effective strategies to safeguard agricultural land effectively. This change raises questions about the future of farming practices in West Virginia and whether existing farmland will remain viable under informal arrangements, emphasizing the ongoing debate over local versus state control in land management.

Companion Bills

No companion bills found.

Previously Filed As

WV HB2999

Relating to property ownership by Farmland Protection Board

WV AB352

Agricultural land conservation: California Farmland Conservancy Program Act.

WV AB2955

Agricultural land conservation: California Farmland Conservancy Program Act.

WV HB2468

FARMLAND CONSERVANCY PROGRAM

WV AB524

Farmland Access and Conservation for Thriving Communities Act.

WV HB892

Farmland Preservation, Office of; transfers Office to Dept. of Forestry.

WV SB616

Farmland Preservation, Office of; transfers Office to Dept. of Forestry.

WV AB2964

Agricultural land conservation: California Farmland Conservancy Program Act.

WV A5234

Authorizes State Agriculture Development Committee to maintain and use its own list of property appraisers, or to employ dedicated pool of property appraisers, or both, to facilitate valuation of land for farmland preservation purposes.

WV SB256

Prohibit ownership of private property within state by citizens of enemy states

Similar Bills

WV HB2999

Relating to property ownership by Farmland Protection Board

NJ A1225

Directs State Agriculture Development Committee to identify farmland ineligible for county farmland preservation programs, notify owners of State requirements, and invite applications for farmland preservation under State program.

NJ A5201

Directs State Agriculture Development Committee to identify farmland ineligible for county farmland preservation programs, notify owners of State requirements, and invite applications for farmland preservation under State program.

NJ SCR47

Proposes constitutional amendment to increase additional taxes owed when farmland property is not used for agricultural or horticultural purposes.

NJ SCR16

Proposes constitutional amendment to increase additional taxes owed when farmland property is not used for agricultural or horticultural purposes.

US HB3313

Protecting American Farmland Act

CA AB925

Williamson Act: farmland security and conservation zones.

US HB1080

No Solar Panels on Fertile Farmland Act of 2025