Introduced Version
Senate Bill 52 History
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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 52
(By Senator Hunter)
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[Introduced January 11, 2006; referred to the Committee
on Finance.]
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A BILL to amend and reenact §11-1C-2 of the Code of West Virginia,
1931, as amended, relating to natural resources tax; and
limiting managed timberland for purposes of preferential tax
reduction for total acreage of less than one thousand acres
per county owned by either one corporation or one person or if
more than one person, then owned indivision.
Be it enacted by the Legislature of West Virginia:
That §11-1C-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1C. FAIR AND EQUITABLE PROPERTY VALUATION.
§11-1C-2. Definitions.
For the purposes of this article, the following words shall
have the meanings hereafter ascribed to them unless the context
clearly indicates otherwise:
(a) "Timberland" means any surface real property except farm woodlots of not less than ten contiguous acres which is primarily
in forest and which, in consideration of their size, has sufficient
numbers of commercially valuable species of trees to constitute at
least forty percent normal stocking of forest trees which are well
distributed over the growing site.
(b) "Managed timberland" means surface real property, except
farm woodlots, of not less than ten contiguous acres nor more than
one thousand acres per county, owned by one corporation, one person
or if more than one person, then owned indivision, which is devoted
primarily to forest use and which, in consideration of their size,
has sufficient numbers of commercially valuable species of trees to
constitute at least forty percent normal stocking of forest trees
which are well distributed over the growing site, and that is
managed pursuant to a plan provided for in section ten of this
article: Provided, That none of the following may be considered as
managed timberland within the meaning of this article:
(1) Any tract or parcel of real estate, regardless of its
size, which is part of any subdivision that is approved or exempted
from approval pursuant to the provisions of a planning ordinance
adopted under the provisions of article twenty-four of chapter
eight of this code; or
(2) Any tract or parcel of real estate, regardless of its
size, which is subject to a deed restriction, deed covenant or
zoning regulation which limits the use of that real estate in a way that precludes the commercial production and harvesting of timber
upon it.
(c) "Tax Commissioner," "Commissioner" or "Tax Department"
means the State Tax Commissioner or a designee of the State Tax
Commissioner.
(d) "Valuation commission" or "commission" means the
commission created in section three of this article.
(e) "County board of education" or "board" means the duly
elected board of education of each county.
(f) "Farm woodlot" means that portion of a farm in timber but
may not include land used primarily for the growing of timber for
commercial purposes except that Christmas trees, or nursery stock
and woodland products, such as nuts or fruits harvested for human
consumption, shall be considered farm products and not timber
products.
(g) "Owner" means the person who is possessed of the freehold,
whether in fee or for life. A person seized or entitled in fee
subject to a mortgage or deed of trust securing a debt or liability
is deemed the owner until the mortgagee or trust takes possession,
after which such mortgagee or trustee shall be deemed the owner.
A person who has an equitable estate of freehold, or is a purchaser
of a freehold estate who is in possession before transfer of legal
title is also deemed the owner.
The definitions in subdivisions (f) and (g) of this section shall apply to tax years beginning on or after the first day of
January, two thousand one.
NOTE: The purpose of this bill is to
redefine "managed
timberland," for purposes of preferential tax reduction for total
acreage of less than one thousand acres per county, owned by one
corporation, one person or if more than one person, then owned
indivision.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.