H. B. 2472
(By Delegates Prunty, Manchin and Caputo)
[Introduced February 22, 2001
; 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 2% 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.