sold to the adjacent property owners within one year
of date of abandonment.
If abandoned railroad rights-of-way are used
for recreational purposes the agency owning or
providing the recreational use shall, with the
owner’s consent, build and maintain a fence
between the right-of-way and adjoining private
property sufficient to discourage users from
trespassing on the private property.
128. 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.
129. 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:
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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
32 West Virginia Farm Bureau News
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 penalty for
peacetime espionage acts involving the passing of
information that would constitute a serious threat to
national security.
Drugs
We support the right of employers and government
to test for illegal drug use. We request that schools
teach the dangerous effects of drugs and alcohol.
We further support prosecuting attorneys and law
enforcement officers’ efforts to control the sale of
drugs and alcohol. We oppose plea bargaining or
other arrangements that allow reduced sentences in
drug and alcohol-related cases.
In order to be more effective at apprehending drug
and alcohol abusers, times and locations of sobriety
checkpoints should not be publicized.
We oppose the legalization of marijuana and
support mandatory sentences for possession and/
or sale. We recommend that drug dealers who are
indicted and found guilty be severely punished.
We also recommend that the Federal Drug Task
Force make unannounced drug investigations without
the knowledge of state or elected officials.
Pornographic Media
We support legislation prohibiting the distribution
of pornographic materials. We favor the efforts of the
Federal Communications Commission to establish
guidelines designed to prevent salacious television
programs and pornographic material on the internet.
We urge Farm Bureau members to oppose the
use of objectionable material through letters to, and
personal contacts with, television stations, program
sponsors, theater owners, motion picture production
companies, publishers, and newsstand operators.
Criminal Justice and Community Service
We oppose leniency in granting probation and
suspended sentences. We support closer monitoring
of persons given parole or placed on a work release