Introduced Version House Bill 2467 History

   |  Email

hb2467 intr
H. B. 2467

          (By Delegate Hunt (By Request))
          [Introduced February 14, 2013; referred to the
          Committee on Political Subdivisions then Finance.]

A BILL to amend and reenact §11-3-2a of the Code of West Virginia, 1931, as amended, relating to requiring the county to reimburse a property owner of expenses incurred in contesting a reappraisal of real property if the property owner successfully contests the new appraisal.
Be it enacted by the Legislature of West Virginia:
     That §11-3-2a of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
§11-3-2a. Notice of increased assessment required for real property; exceptions to notice; county to pay costs of successfully contesting a reappraisal.
     (a) If the assessor determines the assessed valuation of any item of real property appraised by him or her is more than ten percent greater than the valuation assessed for that item in the last tax year, the increase is $1,000 or more and the increase is entered in the property books as provided in section nineteen of this article, the assessor shall give notice of the increase to the person assessed or the person controlling the property as provided in section two of this article. The notice shall be given on or before January 15 of the tax year and advise the person assessed or the person controlling the property of his or her right to appear and seek an adjustment in the assessment: Provided, That this notification requirement does not apply to industrial or natural resources property appraised by the Tax Commissioner under article six-k of this chapter which is assessed at sixty percent of its true and actual value. The notice shall be made by first-class United States postage mailed to the address of the person assessed or the person controlling the property for payment of tax on the item in the previous year, unless there was a general increase of the entire valuation in one or more of the tax districts in which case the notice shall be by publication of the notice by a Class II-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code. The area for the publication is the county. The requirement of notice under this section is satisfied and waived if personal notice of the increase is shown by:
     (1) The taxpayer having signed the assessment form after it had been completed showing the increase;
     (2) Notice was given as provided in section three-a of this article; or
     (3) The person assessed executing acknowledgment of the notice of the increase.
     (b) During the initial reappraisal of all property under section seven, article one-c of this chapter, the Tax Commissioner and each county assessor shall send every person owning or controlling property appraised by the Tax Commissioner or the county assessor a pamphlet which explains the reappraisal process and its equalization goal in a detailed yet informal manner. The property valuation training and procedures commission, created under section three, article one-c of this chapter, shall design the pamphlet for use in all counties while allowing individual county information to be included if it determines that the information would improve understanding of the process.
     (c) If a landowner successfully contests the new appraisal of his or her property, the county shall reimburse the landowner for the costs of any appraisal obtained or expenses incurred for the purpose of defeating the new appraisal.

     NOTE: The purpose of this bill is to require the county to reimburse a landowner for appraisal and other expenses incurred in defeating an assessor's reappraisal of real property.

     Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2018 West Virginia Legislature *

Print On Demand