COMMITTEE SUBSTITUTE
FOR
H. B. 2451
(By Mr. Speaker, Mr. Kiss, and Delegates
Martin, Michael, Mezzatesta,
Jenkins, Proudfoot and Hall)
(Originating in the Committee on Finance)
[March 2, 1999]
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 specifying a fair
methodology for the appraisal of real property undergoing
development; setting effective dates; setting forth
definitions; and 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.
(a) 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. The valuation of real property contained in a recorded plan
or plat is as follows:
(1) When a lot or parcel is within a recorded plan or plat is
sold, that lot may be revalued by the county assessor or the tax
commissioner. In no event may the remaining lots within the
recorded plan or plat be automatically revalued solely based upon
the sale of one or two lots within the recorded plan or plat,
unless there is a general reevaluation of land in the county or in
the district, in which event the land included in a recorded plan
or plat is revalued like other similar land in the county or in the
district where such land is situate.
(2) When land which is contained within a recorded plan or
plat is developed and actually used for a commercial, residential
or industrial purpose, may be revalued by the county assessor or
the tax commissioner, but in no event may the remaining lots within
the recorded plan or plat be automatically revalued solely based
upon the sale of one or two lots within the recorded plan or plat,
unless there is a general reevaluation of land in the county or in
the district, in which event the land included in a recorded plan or plat is revalued like other similar land in the county or in the
district where such land is situate.
(b) For the purposes of this section, mere infrastructure
development of land contained within a recorded plan or plat is not
use of land for a commercial, residential or industrial purpose.
As used herein, "infrastructure development" means and includes
installing or constructing of waterlines and water supply
facilities, sewer lines and sewage disposal facilities, steam, gas,
telephone and telecommunications lines, electric lines and
installations, roads, railroad spurs, streets, curbs, gutters,
sidewalks, drainage and flood control facilities which are
constructed in anticipation of commercial, industrial or
residential use of the real property contained within a recorded
plan or plat, and which is not more than three years old.
(c) The designation of proposed land use by a county or
municipal planning authority may not be used or considered by an
assessor or by the state tax commissioner in determining the
appraised value of property included under a designated of proposed
land use by a county or municipal planning authority until such
time as the actual use of the real property has changed to
correspond to the proposed use: Provided, That the assessor or
state tax commissioner may consider the value of any improvements
made to such land after three years have passed from the date any
such improvements were made regardless of the use of the property.
(d) The amendments made to this section by the Legislature in
one thousand nine hundred ninety-nine shall become effective on the
first day of July, one thousand nine hundred ninety-nine, and shall
be effective as to all plans or plats filed after the thirtieth day
of June, one thousand nine hundred ninety-nine. The provisions of
the amendments made to this section in one thousand nine hundred
ninety-nine apply to all land contained within recorded plans or
plats which were recorded prior to the first day of July, one
thousand nine hundred ninety-nine: Provided, That in no event may
the appraised value of unsold lots or parcels contained within
these recorded plans or plats be less than the their appraised
value as of first day of July, one thousand nine hundred ninety- nine.