West Virginia 2023 Regular Session

West Virginia Senate Bill SB281

Introduced
1/18/23  

Caption

Precluding Department of Agriculture from cancellation of certain leases

Impact

The impact of SB281 on state laws is significant as it alters how leases related to agriculture are managed. This adjustment means that certain leases, previously subject to cancellation if the annual consideration was less than five dollars per acre, will now continue without risk of cancellation unless a written notice is issued 30 days in advance. This legislative change can lead to enhanced security for entities relying on leased agricultural lands and may also encourage investments in the farming sector, as stakeholders can plan with increased confidence.

Summary

Senate Bill 281 aims to amend existing provisions within the West Virginia Code, specifically regarding the authority of the Department of Agriculture concerning leases. The bill seeks to prevent the Department from canceling certain leases related to agricultural production and activities unless specific conditions are met. By raising the threshold for cancellation, it reflects an effort to stabilize agreements made between the state and various land users, enabling better long-term planning and resource management in agricultural settings.

Sentiment

The sentiment surrounding SB281 appears to lean towards positive support from agricultural stakeholders, who view it as a necessary regulatory improvement. Those in favor argue that it offers security in land agreements, which is critical for agricultural operations. However, there are concerns about the implications of preventing lease cancellations, with some opponents suggesting that it could limit the Department's flexibility to manage land leases efficiently, leading to potential misuse of resources or management difficulties.

Contention

A notable point of contention is the rationale behind the lease cancellation provision. While proponents believe that the bill promotes stability and protects agricultural interests, critics worry that unrestricted leases could lead to inefficient use of state resources. They emphasize the importance of maintaining some level of oversight to ensure that all agricultural lands are utilized effectively and sustainably, raising the question of how to balance stability with responsible stewardship of state lands.

Companion Bills

No companion bills found.

Previously Filed As

WV SB226

Precluding Department of Agriculture from cancellation of certain leases

WV SB206

Precluding Department of Agriculture from cancellation of certain leases

WV SB394

Precluding Department of Agriculture from cancellation of certain leases

WV SB135

Precluding Department of Agriculture from cancellation of certain leases

WV AB1564

Agricultural preserves: Williamson Act.

WV HB27

Remove automatic agricultural classification for certain parcels

WV HB140

Create Department Of Agriculture

WV HB1993

Relating To Agricultural Leases.

WV SB3011

Relating To Agricultural Leases.

WV SB128

Create Department Of Agriculture

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