Current through Register Vol. XLI, No. 50, December 13, 2024
Section 63-1-3 - Expenditure of Funds by the State Conservation Committee for Works of Improvement Programs3.1. Policy. The following requirements shall govern the expenditure of funds by the State Conservation Committee and its administrative office, the West Virginia Conservation Agency, for works of improvement programs. 3.1.a. Works of improvement program funds may only be used to aid conservation districts, watershed improvement districts, or other governing bodies, as defined in W. Va. Code § 19-21A-3, in meeting their obligation of facilitating the planning, construction, operation, maintenance, repair, or rehabilitation of watershed protection and flood prevention improvement projects.3.1.b. Works of improvement program funds will be made available only when other funds cannot be obtained and shall be considered supplemental to the capital resources of sponsoring conservation districts, watershed improvement districts, or other governing bodies, as defined in W. Va. Code § 19-21A-3, in cooperative action with the federal government, local units of government, and communities involved with approved watershed program projects.3.2. Works of improvement program funds may be spent for the following purposes subject to the procedures outlined in section 3.3 of this rule.3.2.a. Purchase land or easements on a negotiated value and price basis after certification by a state certified appraiser, a representative of the sponsoring conservation district, and a representative of the State Conservation Committee, that the negotiated value does not exceed a fair market value price.3.2.b. Purchase land, easements or other right-of-way at values resulting from condemnation obstructions.3.2.c. Negotiate with proper officials on the relocation of roads, public utility lines, or similar actions.3.2.d. Pay court costs, attorney fees or similar expenses directly connected with any of the above.3.2.e. Assist with expenses incurred by conservation districts or watershed improvement districts in the performance of work related to any watershed activities.3.3. Operating policies to govern the acquisition of land rights and the general use of state funds. 3.3.a. Each conservation districts, watershed improvement districts, or other governing bodies, as defined in W. Va. Code § 19-21A-3, local government anticipating a need for supplementary works of improvement program funds shall prepare and submit to the State Conservation Committee by June 1 of each year, for its action, a comprehensive plan of procedure and statement of intent relative to the acquisition of land rights covering such points as:3.3.a.1. Estimated total fund needs for land rights;3.3.a.2. Estimated value of local contributions to this phase of the project;3.3.a.3. Probable recovery value from land sales; and3.3.a.4. A description of the (1) methods used, or to be used, to determine land values and (2) a realistic evaluation of the ability of local people to help themselves in the development and completion of a watershed improvement program.3.3.b. Title to all property acquired shall be vested in the State Conservation Committee.3.3.c. Easement or other land rights shall be obtained either by the local conservation district, watershed improvement district, or other governing body, as defined in W. Va. Code § 19-21A-3. An up-to-date listing of all easements (state and district) is to be kept in the district office. Easements should be recorded in the county land records as soon as procured. The list should be checked against courthouse records biannually to ascertain if property has been sold. If sold, the new owner is to be contacted and made aware of the easement.3.3.d. The sale of the land purchased with state watershed funds must be approved in advance by the State Conservation Committee.3.3.e. All land purchased with state funds will be sold, subject to necessary easements, as soon as practical. Retention of the area in and above a given structure may be kept for public use development on approval of the State Conservation Committee.3.3.f. Prior to the selling of such land, an appraisal shall be made by a state certified appraiser, a representative of the local conservation district, watershed improvement district, or other governing body, as defined in W. Va. Code § 19-21A-3, and a representative of the State Conservation Committee. This appraisal must accompany all proposals to the State Conservation Committee to sell lands acquired with state funds.3.3.g. Before any property purchased with money from this fund is sold, first refusal shall be given to the property owner from whom it was purchased or his or her heirs. If the previous owner, or his or her heirs, choose not to repurchase the property notice of the sale must be given. The notice shall be placed in three issues at least a week apart, in a newspaper of general circulation in the conservation district, watershed improvement district, or other governing body, as defined in W. Va. Code § 19-21A-3, affected. The notices are to call for the bids with the property to be sold to the highest bidder. The State Conservation Committee reserves the right to reject any and all bids. And, further, the provisions of this section shall not apply where acquired lands are being sold or disposed for a public use to the State of West Virginia or its political subdivisions. In lieu thereof, consideration other than the present commercial or market value of the property may be used as a basis for the sale or transfer.3.3.h. Proceeds from the sale of land or products from such areas are to be immediately transmitted to the State Conservation Committee by the conservation district, watershed improvement district, or other governing body, as defined in W. Va. Code § 19-21A-3.3.3.i. Improvements other than items covered in watershed work plans are not to be made during the period of conservation district, watershed improvement district, or other governing body, as defined in W. Va. Code § 19-21A-3, ownership without specific approval of the State Conservation Committee.3.4. Representation of the State Conservation Committee. The State Conservation Committee may appoint and authorize a subcommittee, including the Executive Director of the West Virginia Conservation Agency, to act for the Committee in any matters related to this subject.