H. B. 2437
(By Delegates Hrutkay, Martin and H. White)
[Introduced February 16, 2005; referred to the
Committee on the Judiciary then Finance.]
of the Code of West Virginia,
1931, as amended, relating to classification of real property
generally and providing an exception for two years to allow
heirs to sell estate before classifying estate property as
Class III or Class IV property.
A BILL to amend and reenact §11-8-5
Be it enacted by the Legislature of West Virginia:
of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 8. LEVIES.
§11-8-5. Classification of property for levy purposes.
For the purpose of levies, property shall be classified as
Class I. All tangible personal property employed exclusively
in agriculture, including horticulture and grazing;
All products of agriculture (including livestock) while owned by the producer;
All notes, bonds, bills and accounts receivable, stocks and
any other intangible personal property;
Class II. All property owned, used and occupied by the owner
exclusively for residential purposes;
All farms, including land used for horticulture and grazing,
occupied and cultivated by their owners or bona fide tenants;
Class III. All real and personal property situated outside of
municipalities, exclusive of Classes I and II;
Class IV. All real and personal property situated inside of
municipalities, exclusive of Classes I and II.
Unless rented or placed in other use by an administrator or
the heirs of an estate that has not been finally settled, real
property classified as Class II property in the estate of a
deceased owner may not be reclassified for a period of two years
after the owner's death.
NOTE: The purpose of this bill is to prohibit the
reclassification of class two real property for a period of two
years if the estate has not been settled.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would