A farmland protection board has the following general powers:

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Terms Used In West Virginia Code 8A-12-5

  • Bequest: Property gifted by will.
  • Contract: A legal written agreement that becomes binding when signed.
  • Devise: To gift property by will.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10

(a) Power to sue. — To sue and be sued in contractual matters in its own name;

(b) Power to contract. — To enter into contracts generally and to execute all instruments necessary or appropriate to carry out its purposes;

(c) Power to restrict use of land. — To acquire or cohold, by gift, purchase, devise, bequest or grant, easements in gross, fee or other rights to restrict the use of agricultural land and woodland as may be designated to maintain the character of the land as agricultural land or woodland: Provided, That the county commission has final approval authority for any and all purchases of easements for the farmland protection program by the board;

(d) Power to implement rules. — To implement rules necessary to achieve the purposes of the voluntary farmland protection programs;

(e) Power to disseminate information. — To promote the dissemination of information throughout the county concerning the activities of the farmland protection board; and

(f) Power to seek funding. — To pursue and apply for any and all county, state, federal and private funding available, consistent with the purpose of the voluntary farmland protection programs.