Senate Bill No. 719
(By Senator Dugan)
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[Introduced February 23, 1998; referred to the
Committee on Finance.]
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A BILL to amend and reenact section three, article four, chapter
eleven of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to assessment of
real property; and defining leased residential real estate
and how to value it for assessment purposes.
Be it enacted by the Legislature of West Virginia:
That section three, article four, chapter eleven of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 4. ASSESSMENT OF REAL PROPERTY.
§11-4-3. Definitions.
For the purpose of giving effect to the "Tax Limitations
Amendment", this chapter shall be interpreted in accordance with
the following definitions, unless the context clearly requires a different meaning:
"Owner" means the person, as defined in section ten, article
two, chapter two of this code, 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 considered the owner until the mortgagee or trustee
takes possession, after which the mortgagee or trustee shall be
considered 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 considered the
owner.
"Used and occupied by the owner thereof exclusively for
residential purpose" means actual habitation by the owner of all
or a portion of a parcel of real property as a place of abode to
the exclusion of any commercial use:
Provided, That if the
parcel of real property was unoccupied at the time of assessment
and either: (a) Was used and occupied by the owner thereof
exclusively for residential purposes on the first day of July of
the previous year; or (b) was unimproved on the first of July of
the previous year, but a building improvement for residential
purposes was subsequently constructed thereon between that date
and the time of assessment, the property shall be considered
"used and occupied by the owner thereof exclusively for residential purpose":
Provided, however, That nothing herein
contained shall permit an unoccupied or unimproved property to be
considered "used and occupied by the owner thereof exclusively
for residential purposes" for more than one year. If a license
is required for an activity on the premises or if an activity is
conducted thereon which involves the use of equipment of a
character not commonly employed solely for domestic as
distinguished from commercial purposes, the use may not be
considered to be exclusively residential.
"Farm" means a tract or contiguous tracts of land used for
agriculture, horticulture or grazing and includes all real
property designated as "wetlands" by the United States army corps
of engineers or the United States fish and wildlife service.
"Occupied and cultivated" means subjected as a unit to farm
purposes, whether used for habitation or not, and although parts
may be lying fallow, in timber or in wastelands.
"Leased residential real estate" as defined in this article
means property leased for the exclusive and sole use as a single
or multiple dwelling and shall be valued as property used and
occupied by the owner thereof exclusively for residential
purposes.
NOTE: This bill defines leased residential real estate and
how to value it for assessment purposes.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
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