H. B. 4745
(By Delegates Cann and Michael)
[Introduced
February 23, 2006
; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §11-3-1 of the Code of West Virginia,
1931, as amended, relating to assessments of real property.
Be it enacted by the Legislature of West Virginia:
That §11-3-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. ASSESSMENTS GENERALLY.
§11-3-1. Time and basis of assessments; true and actual value;
default; reassessment; special assessors.
All property shall be assessed annually as of the first day
of July at its true and actual value; that is to say, at the
price for which such property would sell if voluntarily offered
for sale by the owner thereof, upon such terms as such property,
the value of which is sought to be ascertained, is usually sold,
and not the price which might be realized if such property were
sold at a forced sale, except that the true and actual value of
all property owned, used and occupied by the owner thereof
exclusively for residential purposes shall be arrived at by
giving primary, but not exclusive, consideration to the fair and
reasonable amount of income which the same might be expected to earn, under normal conditions in the locality wherein situated,
if rented:
Provided, That the true and actual value of all farms
used, occupied and cultivated by their owners or bona fide
tenants shall be arrived at according to the fair and reasonable
value of the property for the purpose for which it is actually
used regardless of what the value of the property would be if
used for some other purpose; and that the true and actual value
shall be arrived at by giving consideration to the fair and
reasonable income which the same might be expected to earn under
normal conditions in the locality wherein situated, if rented:
Provided, however, That nothing herein shall alter the method of
assessment of lands or minerals owned by domestic or foreign
corporations. The taxes upon all property shall be paid by those
who are the owners thereof on that day, whether it be assessed to
them or other
: Provided, further, That if the county in which the
property is located has an excess levy in effect which is set at
the maximum amount allowed under the provisions of section six-b,
article eight of this chapter, there may be no increase in
assessed value for any real property which has not changed in tax
classification and which is more than two percent over the
assessed value of the same property for the previous year. If at
any time after the beginning of the assessment year, it be
ascertained by the tax commissioner that the assessor, or any of
his deputies, is not complying with this provision or that he has
failed, neglected or refused, or is failing, neglecting or
refusing after five days' notice to list and assess all property
therein at its true and actual value, the tax commissioner may order and direct a reassessment of any or all of the property in
any county, district or municipality, where any assessor, or
deputy, fails, neglects or refuses to assess the property in the
manner herein provided. And, for the purpose of making such
assessment and correction of values, the tax commissioner may
appoint one or more special assessors, as necessity may require,
to make such assessment in any such county, and any such special
assessor or assessors, as the case may be, shall have all the
power and authority now vested by law in assessors, and the work
of such special assessor or assessors shall be accepted and
treated for all purposes by the county boards of review and
equalization and the levying bodies, subject to any revisions of
value on appeal, as the true and lawful assessment of that year
as to all property valued by him or them. The tax commissioner
shall, with the approval of the board of public works, fix the
compensation of all such special assessors as may be designated
by him, which, together with their actual expenses, shall be paid
out of the county fund by the county commission of the county in
which any such assessment is ordered, upon the receipt of a
certificate of the tax commissioner filed with the clerk of the
county commission showing the amounts due and to whom payable,
after such expenses have been audited by the county commission.
Any assessor who knowingly fails, neglects or refuses to
assess all the property of his county, as herein provided, shall
be guilty of malfeasance in office, and, upon conviction thereof,
shall be fined not less than one hundred nor more than five
hundred dollars, or imprisoned in the county jail not less than three nor more than six months, or both, in the discretion of the
court, and upon conviction, shall be removed from office.