Senate Bill No. 241
(By Senators Craigo, Dittmar, Kessler, Anderson, Sharpe, Ross,
Love, Ball, Hunter, Sprouse, Buckalew, Kimble, Minear, Boley,
Scott, Dugan, Bailey, Walker, Prezioso, Fanning, Helmick and
Tomblin, Mr. President)
[Originating in the Committee on the Judiciary;
reported February 19, 1998.]
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 providing that
the sale of one lot does not change the value of the
remaining recorded plan for tax purposes.
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 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. A change in the actual use of a portion of the property to
correspond to the plan, plat or proposed use shall not be the
basis for a change in the valuation or assessment of the
remaining portion of the property for purposes of taxation. The
valuation or assessment of the remaining portion shall be based
on the fair market value and the actual use of such remaining
portion as a whole at the time of such valuation or assessment.
(NOTE: The purpose of this bill is to prevent a change in
the valuation or assessment of a portion of a proposed
subdivision which is sold or whose use is otherwise changed to
conform to the plat, plan or proposed use of the property from
being the sole basis for changing the valuation or assessment of
the remaining property, the actual use of which has not changed.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.)