H. B. 2303
(By Delegates Spencer, Hatfield,
Keener, Webster, Brown and Webb)
[Introduced February 19, 2001; referred to the
Committee on Constitutional Revision 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 real property to no more than five percent in
any one year; and providing that if the increase is as much as
fifteen percent for the year, it is to be phased in over a
three-year period.
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 five
percent over the assessed value of the same property for the
previous year. If the value is determined to be more than five
percent and up to fifteen percent or more over the assessed value
of the same property for the previous year, the increase in
assessment must be phased in over a three-year period in equal
increments for each year, the total of which for the three-year
period may not exceed fifteen percent. The taxes upon all property
shall must be paid by those who are the owners thereof on that day,
whether it be is 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
the assessor's deputies, is not complying with this provision or
that he the assessor 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 the
special assessor 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 the tax
commissioner, 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 their 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 5 percent in any one year
over the assessed value of the previous year; and that if the
increase is 15% or more, it must be phased in over a three-year
period with equal increments of increase for each year, up to a
maximum total of 15% for the three-year period.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.