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Introduced Version House Bill 2578 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 2578


(By Delegates Duke, J. Miller, Blair,
Overington, Doyle and Tabb)
[Introduced February 18, 2009; referred to the
Committee on the Judiciary then Finance.]



A BILL to amend and reenact §11-1C-9 of the Code of West Virginia, 1931, as amended, relating to providing for a ten percent cap on any increase in one year for periodic valuations and assessments of real and personal property.

Be it enacted by the Legislature of West Virginia:
That §11-1C-9 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 1C. FAIR AND EQUITABLE PROPERTY VALUATION.
§11-1C-9. Periodic valuations.

(a) After completion of the initial valuation required under section seven of this article, each assessor shall maintain current values on the real and personal property within the county. In repeating three-year cycles, every parcel of real property shall be visited by a member of the assessor's staff who has been trained pursuant to section six of this article to determine if any changes have occurred which would affect the valuation for the property. With this information and information such as sales ratio studies provided by the Tax Commissioner, the assessor shall make such adjustments as are necessary to maintain accurate, current valuations of all the real and personal property in the county and shall adjust the assessments accordingly.
(b) In Any year in which the assessed value of a property or species of property be is less than or exceeds sixty percent of the current market value, the Tax Commissioner shall direct the assessor to make the necessary adjustments: Provided, That in any given year, increases in valuations may not result in more than a ten percent increase in assessment. If any assessor fails to comply with the provisions of this section, the Tax Commissioner may, at the county commission's expense, take reasonable steps to remedy the assessment deficiencies.

NOTE: The purpose of this bill is to provide a ten percent cap on any increase in assessment in any one year.

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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