H. B. 2642
(By Mr. Speaker, Mr. Kiss, and
Delegates Leach and Varner)
[Introduced March 20, 1997; referred to the
Committee on Finance.]
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 the plan or plat until
such time as there is an actual sale of the 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 and then only in the property that is
sold.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.