Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-26-2 - Definitions2.1. "Acquisition of easement" means the holding or coholding of land-use restrictions, whether obtained through purchase, gift, devise, bequest, grant or contract to cohold with another holder.2.2. "Agricultural use" means the use of land for common farm site activities, including but not limited to: production, harvesting, storage, grading, packaging, processing and the wholesale and retail marketing of crops, plants, animals and other related commodities and the use and application of techniques and methods of soil preparation, preservation, disease and pest control, disposal of farm waste, irrigation, drainage and water preservation and management. Agricultural uses include farm use; businesses directly related to the retail sale of farm products; any activity performed for religious, charitable or educational purposes or to foster tourism; and any home-based business that does not require a division of environmental protection permit to operate.2.3. "Agricultural value" of land is the price as of the valuation date which a vendor, willing but not obligated to sell, would accept for the property, and which a purchaser, willing but not obligated to buy, would pay for the property subject to the restrictions placed upon it by the conservation or preservation easement.2.4. "Application" as relates to the purchase or donation of development easements, means a standard from adopted by the board.2.5. "Authority" means The West Virginia Agricultural Land Protection Authority established under § 8A-12-7 of the Voluntary Farmland Protection Act.2.6. "Board" means the board of trustees of the West Virginia Agricultural Protection Authority.2.7. "Conservation easement" means a nonpossessory interest of a hold in real property, whether appurtenant or in gross, imposing limitations or affirmative obligations, the purposes of which include, but are not limited to, retaining or protecting for the public benefit the natural, scenic or open-space values of real property; assuring its availability for agricultural, forest, recreational or open-space use; protecting natural resources and wildlife; maintaining or enhancing land, air or water quality; or preserving the historical, architectural, archaeological or cultural aspects of real property; except that a conservation easement granted to the authority must be held or coheld in perpetuity.2.8. "County Farmland Protection Boards" means a farmland protection board duly established by resolution of a county commission opting to create such a board and program under § 8A-12-2 of the Voluntary Farmland Protection Act.2.9. "Cost" as used with respect to cost of agriculture easements includes, in addition to the usual connotations thereof, the cost of inspection, appraisal, legal, financial and other professional services, estimates and advice; and the cost of organizational, administrative and other work and services, including salaries, supplies, equipment and materials. 2.10. "Determination of values" means the value of the easement is determined at the time the authority is requested in writing to acquire the easement. The fair market value is determined by the county farmland protection board or the authority based on one or more appraisals obtained by the authority, and appraisals, if any, of the landowner.2.11. "Director" means the individual charged with management of the West Virginia Agricultural Land Protection Authority designated as such by the board of trustees and serving at their will and pleasure.2.12. "Fair market value" means the value of land as of the valuation date for the highest and best use of the land which a vendor, willing but not obligated to sell, would accept for the property, and which a purchaser, willing but not obligated to buy would pay for the property if the property was not subject to an easement restriction.2.13. "Farm, farmland or agricultural land" means a tract, or contiguous tracts of land, of any size, used or useable for agriculture, horticulture or grazing and includes all real property designated as wetlands that are part of a property used or useable as farmland.2.14. "Landowner asking price" means the applicant's per acre confidential offer for the sale of a conservation easement.2.15. "Maximum value" means the maximum value of any conservation or preservation easement acquired by the county farmland protection board or the authority is the asking price or the difference between the fair market value of the land and the agricultural value of the land, whichever is lower.2.16. "Opt-out provision" may be inserted into any conservation or preservation easement agreement entered into which would act as a mechanism to place the easement selling price into an escrow fund for the purpose of allowing the owner or owners up to five years to rescind the decision to enter into the farmland protection program.2.17. "Preservation easement" means a nonpossessory interest in an historical building; except that a preservation easement granted to the authority must be held or coheld in perpetuity.2.18. "Woodland" shall be considered land of a farm only if it is part of or appurtenant to a tract of land which is a farm, or held by common ownership of a person or entity owning a farm, but in no event may woodland include any use inconsistent with farm use.