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Introduced Version House Bill 4178 History

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H. B. 4178


(By Mr. Speaker (Mr. Chambers) and Delegate Burk)
(By Request of the Executive)
[Introduced January 28, 1994; referred to the
Committee on Government Organization then the Judiciary.]



A BILL to amend article one-a, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nine, relating to requiring agencies of state government to develop land management plans.

Be it enacted by the Legislature of West Virginia:

That article one-a, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section nine, to read as follows:
ARTICLE 1A. REAL ESTATE MANAGEMENT AND PROCEDURES.

§ 20-1A-9. State agencies to develop land management plans.

(a) For the following categories of land, title to which is held by an agency or instrumentality of the state, the agency having ownership, or, in the case of land held by the public land corporation, the agency charged with management or control over the land, shall develop and adopt a land management plan: All agricultural land, including land used for arboriculture, silviculture, horticulture and grazing; all timberland and forest land; all natural resources property, as defined in section ten, article one-c, chapter eleven of this code; and all undeveloped acreage located outside of municipalities.
(b) Each land management plan shall determine the optimum use or disposition of the land and shall include a brief description of all improvements and all information relating to easements, natural resources, mineral rights, appurtenances, equipment, agricultural products, livestock, inventories or facilities as may be necessary to develop the land management plan. Each plan 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 or development of natural resources, held for recreational or other specified uses, or sold, or leased in whole or in part. Planned activities and uses with respect to the land shall be detailed for at least five years specifically and at least ten years generally and shall include a cost/benefit analysis of options or alternatives for action. Each agency land management plan shall detail planned actions to protect the land from erosion, fire, plant and animal pests, noxious insects, noxious weeds and plant and animal diseases.
(c) In the case of land subject to rights granted by existing contracts, leases, licenses or easements, the relevant land management plan shall include a determination as to whether the interest granted should be continued or withdrawn. In the case of land managed under plans adopted prior to the effective date of this section, the plans shall be reviewed and amended by the agency as may be necessary. Prior to the adoption of any plan, each agency 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.
(d) Each agency shall complete and provide to the governor, the secretary of the department of state government within which the agency is contained, the president of the Senate, the speaker of the House of Delegates and the cochairs of the West Virginia forest management review commission, within one hundred eighty days of the the effective date of this section, a comprehensive topical outline of that agency's land management plan, and, within one year of the effective date of this section, a final land management plan for the agency. The agency may confer with any other agency or individual in developing, implementing and adjusting the land management plan. Any land management plan established pursuant to this section may be amended, from time to time, as may be necessary, and shall be reviewed and updated at least every five years.




NOTE: The purpose of this bill is to require agencies of the state to develop land management plans. This bill is recommended by the Forest Management Review Commission for passage during the 1994 Regular Session.

This section is new; therefore, strike-throughs and underscoring have been omitted.
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