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Landowner Rights and Responsibilities Education in West Virginia

Agricultural Issues

Doolarie Singh-Knights
Extension Professor - Agribusiness Economics and Management
West Virginia University
Morgantown

Abstract

In 1979, West Virginia University published a booklet entitled Property: Landowner’s Rights and Responsibilities in West Virginia. The publication offered an overview on a range of property issues important to producers in the state and is still used by producers, government officials, and land use planners. However, much of the contents are now out of date. In addition, new property issues have emerged in the intervening 44 years. Carbon contracts, right to farm laws, wind and solar leases, and agritourism, for example, are not addressed in the original publication. At the same time, conflicts between producers and neighbors have increased in the past several years. An updated publication and educational workshops are necessary to encourage the peaceful coexistence of agricultural operations and residential neighborhoods.

This project seeks, in part, to educate operators on the bottom-line benefits of building good relationships with neighbors and local governments. Recognizing the responsibilities that go with property rights helps build these good relationships. This project produces a “Landowner Rights and Responsibilities in West Virginia” booklet, which will provide plain language explanations for a variety of property topics, and include not only property rights, but the responsibilities to the government and to the public encompassed in those rights. This booklet will serve as a reference for landowners, government officials, and land use planners.

The booklet was also be used to develop a curriculum for regional workshops addressing specific ‘property rights and responsibilities’ topics related in West Virginia - trespass, hunting, nuisance, animals, refuse, water rights, fences, adverse possession, eminent domain, carbon contracts, wind and solar leases, right to farm laws, agritourism, and the balance between landowner rights and the responsibility of landowners to the public.

The presentation will outline the overall project’s approach, achievements, and highlight producers’ learning outcomes, including understanding the parameters of the property rights that landowners hold, recognizing the legal risk arising from failing to recognize the responsibility to neighboring landowners, implementing marketing strategies that enhance recognition of landowner responsibilities, and developing a regulatory risk management program. This information can be use by other educators and service providers in designing similar programs.

Authors: Doolarie Singh-Knights, Jesse Richardson, Jodi Richmond, Alexandria Smith
  1. Doolarie Singh-Knights Extension Professor - Agribusiness Economics and Management, , West Virginia, 26506
  2. Jesse Richardson Lead Land Use Attorney, West Virginia University College of law, West Virginia, 26506
  3. Jodi Richmond Extension Agent, West Virginia University, West Virginia, 24740
  4. Alexandria Smith Extension Agent, West Virginia University, West Virginia, 26836