H. B. 3170
(By Delegate Webb)
[Introduced March 30, 2001; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend article four, chapter eleven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section twenty-one;
and to amend article five of said chapter by adding thereto a
new section, designated section fifteen, all relating to
taxation; assessment of real property; and limiting the
increase of taxation on Class II, III and IV personal
property.
Be it enacted by the Legislature of West Virginia:
That article four, chapter eleven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
twenty-one; and to amend article five of said chapter by adding
thereto a new section, designated section fifteen, all to read as
follows:
ARTICLE 4. ASSESSMENT OF REAL PROPERTY.
§11-4-21. Limitation on tax assessment on Class II real property.
Notwithstanding any other provisions of law to the contrary,
the county commission, during the time that it sits in review and
equalization pursuant to chapter eleven, article three, section
twenty-four of this code, may limit any increase in assessed value
on Class II real estate that increases the property owner's
obligation for payment of those taxes by more than ten percent over
the previous tax year's obligation and assessment to ten percent
over the previous year's value, unless the increase is based upon
improvements made to the property that result in an increased value
based upon the improvements.
ARTICLE 5. ASSESSMENT OF REAL PROPERTY.
§11-5-15. Limitation on tax assessment on Class II, III or IV
personal property.
Notwithstanding any other provisions of law to the contrary,
the county commission, during the time that it sits in review and
equalization pursuant to chapter eleven, article three, section
twenty-four, may limit any increase in assessed value on Class II,
Class III or Class IV personal property as defined in sections
eleven and twelve of this article, that increases the property
owner's obligation for payment of those taxes by more than ten
percent over the previous year's obligation and assessment to ten
percent over the previous year's value, unless the increase is based upon improvements made to the property that result in an
increased value based upon the improvements.
NOTE: The purpose of this bill is to allow county commissions
to restrict increases on the taxation of Class II real property and
certain Class II, III and IV personal property.
These sections are new; therefore, strike-throughs and
underscoring have been omitted.
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