Senate Bill No. 370

(By Senators Snyder and Fanning)

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[Introduced January 29, 1999; referred to the Committee

on the Judiciary; and then to the Committee on Finance.]

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A BILL to repeal sections eleven-a and eleven-b, article one-c, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to repeal section five-a, article three of said chapter; and to amend and reenact sections two and eleven, article one-c of said chapter, all relating to taxation of real property; providing for inspection of managed timberland; and removing definitions.

Be it enacted by the Legislature of West Virginia:
That sections eleven-a and eleven-b, article one-c, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be repealed; that section five-a, article three of said chapter be repealed; and that sections two and eleven, article one-c of said chapter be amended and reenacted, all to read as follows:
ARTICLE 1C. FAIR AND EQUITABLE PROPERTY VALUATION.

§11-1C-2. Definitions.

For the purposes of this article, the following words shall have the meanings hereafter ascribed to them unless the context clearly indicates otherwise:
(a) "Timberland" means any surface real property except farm woodlots of not less than ten contiguous acres which is primarily in forest and which, in consideration of their size, has sufficient numbers of commercially valuable species of trees to constitute at least forty percent normal stocking of forest trees which are well distributed over the growing site.
(b) "Managed timberland" means surface real property, except farm woodlots, of not less than ten contiguous acres which is devoted primarily to forest use and which, in consideration of their size, has sufficient numbers of commercially valuable species of trees to constitute at least forty percent normal stocking of forest trees which are well distributed over the growing site, and that is managed pursuant to a plan provided for in section ten of this article.
(c) "Tax commissioner", "commissioner" or "tax department" means the state tax commissioner or a designee of the state tax commissioner.
(d) "Valuation commission" or "commission" means the commission created in section three of this article.
(e) "County board of education" or "board" means the duly elected board of education of each county.
(f) "Farm woodlot" means that portion of a farm in timber but may not include land used primarily for the growing of timber for commercial purposes except that Christmas trees, or nursery stock and woodland products, such as nuts or fruits harvested for human consumption, shall be considered farm products and not timber products.
(g) "Owner" means the person who is possessed of the freehold, whether in fee or for life. A person seized or entitled in fee subject to a mortgage or deed of trust securing a debt or liability is deemed the owner until the mortgagee or trust takes possession, after which such mortgagee or trustee shall be deemed the owner. A person who has an equitable estate of freehold, or is a purchaser of a freehold estate who is in possession before transfer of legal title is also deemed the owner.
The definitions in subdivisions (f) and (g) of this section shall apply to tax years beginning on or after the first day of January, one thousand nine hundred ninety-nine.
§11-1C-11. Managed timberland.
(a) The Legislature finds and declares that the public welfare is enhanced by encouraging and sustaining the abundance of high quality forest land within the state; that economic pressures may force industrial, residential or other land development inconsistent with sustaining the forests; and that tax policy should provide an incentive for private owners of forest land to preserve the character and use of land as forest land and to make management decisions which enhance the quality of the future forest.
(b) In exercising the authority granted by the provisions of section fifty-three, article VI of the constitution of West Virginia, the Legislature makes the following declarations of its intent:
(1) Notwithstanding the provisions of section twenty-four, article three of this chapter, timberland certified by the division of forestry as managed timberland shall be valued as managed timberland as provided in this article when it is managed under a cooperative contract with the division of forestry and the certification has not been surrendered by the owner of the property or revoked by the director of the division of forestry.
The division of forestry shall, at the time of contracting, notify the owner that the owner shall incur a penalty as set forth in section five-a, article three of this chapter if the owner fails to provide written notice to the county assessor of a change in use of the managed timberland.
(2) Property certified as managed timberland which prior to certification is properly taxed in Class II, as defined in section five, article eight of this chapter and section one, article X of the constitution of West Virginia, may not be reclassified to Class III or Class IV, as defined in section five, article eight of this chapter, merely because the property is certified as managed timberland unless there is some other event or change in the use of the property that disqualifies it from being taxed in Class II.
(c) To aid the Legislature in assessing the impact of the managed timberland program on the state of West Virginia, the division of forestry and the tax commissioner, on or before the thirty-first day of December, two thousand one, and on the thirty-first day of December each year thereafter, shall report in writing to the joint committee on government and finance of the Legislature or its designated subcommittee. The tax commissioner shall include in his or her report a complete and accurate assessment of the impact of the managed timberland program on the tax collections of the state, including projected increases or decreases in tax collection. The division of forestry shall include in its report detailed information on the number of acres designated as managed timberland and any identified impacts of the program on the state's timber industry.
Upon request of state, county or other taxing authorities or appropriate jurisdiction, the division of forestry shall inspect property under contract as managed timberland and determine whether or not such properties do qualify. In the event that a property is found not to qualify by reason of a change in use, or it is discovered that a material misstatement of fact was made by the owner in the certification required in subdivision one, subsection d, section ten of this article, the division of forestry shall notify the state tax commissioner that the property is disqualified from its identification as managed timberland.
NOTE: The purpose of this bill is to repeal the changes made to the method of certification and valuation of managed timberland. Under current law managed timberland is appraised on a discounted cash flow model. The bill removes this preferential property tax treatment and appraises managed timberland based on market value.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.