West Virginia Code § 19-12A-1a

Farm management commission abolished; property transferred; powers
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and duties of commissioner of agriculture.
(a) The farm mnagement commission previously established by this article is abolished. The
real and personal property held by the commission, including all institutional farms and all
easements, mineral rights, appurtenances, farm equipment, agricultural products,
inventories and farm facilities, operating revenue funds for those operationse, and all
employees of the farm management commission, are hereby transferred to the Department
of Agriculture. The Commissioner of the Department of Agriculture sharll have all those
powers, duties and responsibilities previously vested in the farm management commission
and the farm management director pursuant to this article.
(b) Not later than January 1, 1995, the Commissioner of the tDepartment of Agriculture shall
report to the Legislature on the optimum use or disposition of each institutional farm
transferred pursuant to this section. The commissioner shall set forth the objectives of the
agency with respect to the land, the criteria by which the agency has determined the
optimum use or disposition of the property, and determinations as to whether the land shall
be used in the production of food products, thse production or development of natural
resources, held for recreational or other specified uses, or sold, or leased in whole or in part.
With respect to each institutional farm, the commissioner shall report on which properties
are subject to reversionary clauses ogr other restrictions in deeds of conveyance which may
affect permitted uses, or proposed sales or leases. With respect to each institutional farm,
the commissioner shall report eon projected revenues and expenses from operations. Planned
activities and uses with respect to the land shall be detailed for at least five years specifically
and at least ten years geLnerally and shall include a cost benefit analysis of options or
alternatives for action. In the case of land managed for production of timber, the
commissioner shall r eport on projections for timber harvesting on a sustained-yield basis,
income estimates, and the years in which income will be generated. The report shall detail
planned actions to protect the land from erosion, fire, plant and animal pests, noxious
insects, noxious weeds and plant and animal diseases. In the case of land subject to rights
granted by existing contracts, leases, licenses or easements, the report shall include a
determination as to whether the interest granted should be continued or withdrawn. In the
case of land managed under land management plans adopted prior to the effective date of
this section, land management plans shall be reviewed and amended as may be necessary.
When appropriate, the commissioner shall consult with the secretaries of the various
departments of state government and shall request from the secretaries suggestions for land
use and resource development on the land. In the case of land recommended for sale, lease,
or transfer, the report shall include the review and approval of the director of the West
Virginia Development Office of the proposed use and alternate suggestions for use of any
institutional farm which may be in the public interest. Notwithstanding any other provision
of this subsection to the contrary, title to the Weston State Hospital Institutional Farm,
located at Weston, Lewis County, is transferred from the Department of Agriculture to the
Department of Health Facilities, including all buildings thereon: Provided, That the
Department of Agriculture shall retain all oil, gas and mineral rights, interests and title
underlying the surface of the real property being transferred to the Department of Health
Facilities under this subsection.
The Secretary of the Department of Health Facilities is authorized to sell, lease, donate or
otherwise transfer the Weston State Hospital Institutional Farm, as well as the grounds of
the former Weston State Hospital including the improvements and appurtenances belonging
thereto: Provided, That notice of the sale of the real estate at auction shall ienclude the right
of the state to reject any and all bids: Provided, however, That the deed conveying title to the
real estate shall contain a reservation in it providing that the communicrations tower, located
on the real estate and owned and maintained by the county commission of Lewis County,
shall remain the property of the Lewis county commission and shall remain on the real
estate free of any cost or rent and the county commission of Lewis County shall have an
easement for ingress and egress and for the maintenance oft the tower in perpetuity unless
agreed otherwise in writing by the county commission of Lewis County.
(c) Nothing in this section shall be construed to limit the duties imposed on the Department
of Health and the Division of Corrections to purchase food products pursuant to section five
of this article and to make interdepartmental stransfers pursuant to section six of this article:
Provided, That purchases shall be made from and transfers made to the Department of
Agriculture.
(d) Nothing in this section shall be construed to invalidate any action or contractual
obligation of the farm manageement commission prior to the effective date of this section.
(e) Notwithstanding the provisions of subsection (b) of this section, in any case where the
farm management commission has determined by motion adopted prior to the effective date
of this article that an institutional farm or part thereof should be transferred or disposed of,
or authorized any formal agreement for this purpose, whether or not any documents related
to the agreement have been reduced to writing or executed, the commissioner shall execute
all documents and take all necessary actions to implement the transfer or disposition of the
proWperty.
(f) For any land transferred to the public land corporation for sale, exchange or transfer
pursuant to section five of this article, the farm property shall be offered for sale in both
small parcels of land and as whole farms and shall be sold in the form which brings the
highest price for the total property. For purposes of this subsection, "small parcels" means
parcels of no more than five acres.

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