build and maintain a fence between the right-of-way
and adjoining private property sufficient to discourage
users from trespassing on the private property.
122. LEGAL LIABILITY
West Virginia Farm Bureau supports reduced
landowner liability for trespassers, hunters and
utility companies.
WVFB supports reduced liability for landowners
and livestock producers for loose livestock.
We recommend that statutory limits be established
for liability awards for professional malpractice,
landowner liability and liability of municipalities, and
that attorney fees be capped in personal injury cases.
Often a person becomes a defendant in a liability
suit through no neglect on his or her part. The statute
should be changed to provide that the person bringing
the legal action be accountable for all court costs and
legal fees if the defendant is found not to be at fault.
Toward these ends, the Farm Bureau shall cooperate
with other groups and agencies to change liability law
and procedures.
123. CRIMES AND PUNISHMENT
West Virginia Farm Bureau supports strong
punishment as a deterrent to crime. We also support
fair and consistent administration of justice, and
believe the punishment should fit the crime.
Property Damage
We recommend that the West Virginia Legislature:
• Adopt more severe penalties for violation of
property rights and destruction of property and
provide for restitution and reimbursement by
the perpetrator
• Direct the Department of Public Safety (and
other law enforcement officers) to give higher
priority to the enforcement of laws pertaining
to the protection of property
• Provide for mandatory sentences to be given to
persons convicted of vandalism and breaking
and entering
• Amend the law to prohibit drivers, owners,
wrecker operators or law enforcement officials
from leaving the scene of an accident in
which a fence is damaged, allowing escape
of livestock, until emergency repairs are
performed and the landowner, tenant or lessee
is notified of the incident and furnished the
name and address of the person responsible for
the damage
Capital Punishment
We recommend that capital punishment be
restored for wanton and deliberate murders and
for murders performed in the commission of rape,
robbery, or other heinous crimes. We recommend
that the date of execution not exceed six months
following a conviction. We support the enactment of
legislation that would impose the death [