H. B.2213
(By Delegate Cann)
[Introduced January 16, 2007; 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 prohibiting increases in the
assessed value of real property located in counties where a
maximum excess levy is in effect,
the property has not changed
in tax classification and the increased value is more than two
percent over the assessed value of the same property for the
previous
year.
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 or her deputies, is not complying with this
provision or that he or she 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 or her, 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 or her 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.
NOTE: The purpose of this bill is to prohibit increases in the
assessed value of real property which is located in a county where
a maximum excess levy is in effect, the property has not changed in
tax classification and the increased value is more than two percent
over the assessed value of the same property for the previous
year.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.