Senate Bill No. 11

(By Senator Blatnik)

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[Introduced January 10, 1996; referred to the Committee on Finance.]
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A BILL to amend and reenact section one-b, article three, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to taxation of real property; assessments generally; recordation of plats; and providing that sales of real property from new industrial development areas which are platted are not to change the value of the unsold property within the plat in such an area.

Be it enacted by the Legislature of West Virginia:
That section one-b, article three, 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 3. ASSESSMENTS GENERALLY.

§11-3-1b. Recordation of plat or designation of land use not to be basis for assessment.

The recordation of a plan or plat, or the designation of proposed land use by a county or municipal planning authority shall may not be used by the assessor as a basis in the valuation or assessment of real property for the purposes of taxation until such time as the actual use of such real property or any part thereof, has changed to correspond to the plan, plat or proposed use: Provided, That notwithstanding anything in this code to the contrary, in any case where a plan or plat is recorded for an industrial development, the assessor may not increase or decrease the value of the real property included in such plan or plat until such time as there is an actual sale of such parcel, and only then may the value be changed for the parcel or lot sold, leaving the remainder of the real property in the plat or plan at its original assessed value until such time as it is sold.




NOTE: The purpose of this bill is to prohibit an increase or decrease in the value of real property assessment by a county assessor when a plan or plat for an industrial development is recorded. The change in assessment cannot be made until after an actual sale of the property.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.