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An Exploration of Landowner Rights and Responsibilites in WV

Jodi Shelton, Alexandra Smith, Jesse Richardson, and Doolarie SIngh-Knights

Summary

Landowner issues are continually evolving while producers are impacted by neighbor conflicts, liability, regulations, and zoning. As a result of a 2024 NERME grant, WVU College of Law and WVU Extension sought to develop a comprehensive guide for landowners to help explain their rights and responsibilities. An additional goal of the project was to strengthen partnerships and collaborations between producers, local zoning boards, and state policy makers.

Meetings were held with a variety of stakeholders to determine priority areas to examine, including those where there was insufficient or contradictory information. In response, the group revised a 40-year-old document based on WV legislative code to include fencing, trespass, timber and mineral rights, excavation, surface and ground water, wind and solar leases, and animals (livestock, wildlife, and nuisance pets/animals). In addition to citing the legal code, the project included illustrative example scenarios and discussion relevant lawsuits that have shaped current legislation.

Once a draft of the WV Landowners Rights and Responsibilities booklet was developed, the project team held three regional educational meetings to disseminate the content and evaluate areas that might have been overlooked or needed further information. As a result of the program, 87.5% of respondents on a follow up survey indicated they have examined their potential risks and 62.5% have reviewed their insurance policies. The discussion and questions generated at these presentations was used to further refine the content. The final document is being distributed statewide through extension and the educational presentation will be offered at additional sites in 2026.

Details

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