H. B. 2864
(By Delegates Prunty, Manchin and Caputo)
[Introduced February 22, 1999; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact section one, article three, chapter
eleven of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to restricting
increased assessments on property to no more than two
percent in any one year.
Be it enacted by the Legislature of West Virginia:
That section one, 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.
§11-3-1. Time and basis of assessments; true and actual value;
default; reassessment; special assessors.
All property shall be assessed annually as of the first day
of July at its true and actual value; that is to say, at the
price for which such the property would sell if voluntarily offered for sale by the owner thereof, upon such terms as such
the property, the value of which is sought to be ascertained, is
usually sold, and not the price which might be realized if such
the property were sold at a forced sale, except that the true and
actual value of all property owned, used and occupied by the
owner thereof exclusively for residential purposes shall be
arrived at by giving primary, but not exclusive, consideration to
the fair and reasonable amount of income which the same might be
expected to earn, under normal conditions in the locality wherein
situated, if rented: Provided, That the true and actual value of
all farms used, occupied and cultivated by their owners or bona
fide tenants shall be arrived at according to the fair and
reasonable value of the property for the purpose for which it is
actually used regardless of what the value of the property would
be if used for some other purpose; and that the true and actual
value shall be arrived at by giving consideration to the fair and
reasonable income which the same might be expected to earn under
normal conditions in the locality wherein situated, if rented:
Provided, however, That nothing herein shall may alter the
method of assessment of lands or minerals owned by domestic or
foreign corporations: Provided further, That an assessment may
not be increased more than two percent over the assessed value
of the same property for the previous year. The taxes upon all
property shall must be paid by those who are the owners thereof on that day, whether it be assessed to them or others. If at any
time after the beginning of the assessment year, it be
ascertained is concluded by the tax commissioner that the
assessor, or any of his deputies, is not complying with this
provision or that he has failed, neglected or refused, or is
failing, neglecting or refusing after five days' notice to list
and assess all property therein at its true and actual value, the
tax commissioner may order and direct a reassessment of any or
all of the property in any county, district or municipality,
where any assessor, or deputy, fails, neglects or refuses to
assess the property in the manner herein provided. And, for the
purpose of making such the assessment and correction of values,
the tax commissioner may appoint one or more special assessors,
as necessity may require, to make such the assessment in any such
county, and any such special assessor or assessors, as the case
may be, shall have has all the power and authority now vested by
law in assessors, and the work of such the special assessor or
assessors shall will be accepted and treated for all purposes by
the county boards of review and equalization and the levying
bodies, subject to any revisions of value on appeal, as the true
and lawful assessment of that year as to all property valued by
him or them. The tax commissioner shall, with the approval of
the board of public works, fix the compensation of all such
special assessors as may be designated by him, which, together with their actual expenses, shall be paid out of the county fund
by the county commission of the county in which any such
assessment is ordered, upon the receipt of a certificate of the
tax commissioner filed with the clerk of the county commission
showing the amounts due and to whom payable, after such the
expenses have been audited by the county commission.
Any assessor who knowingly fails, neglects or refuses to
assess all the property of his county, as herein provided, shall
be is guilty of malfeasance in office, and, upon conviction
thereof, shall be fined not less than one hundred nor more than
five hundred dollars, or imprisoned in the county or regional
jail not less than three nor more than six months, or both in the
discretion of the court fined and imprisoned, and upon
conviction, shall be removed from office.
NOTE: The purpose of this bill is to restrict increased
assessments on property to no more than two percent in any one
year over the assessed value of the previous year.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.