H. B. 2475
(By Delegates Hrutkay , Fleischauer, Martin,
Kominar, Ferrell, H. White and Kuhn)
[Introduced January 21, 2003; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact section five, article eight, chapter
eleven of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to classification of real
property generally and providing an exception for two years to
allow heirs to sell estate before classifying estate property
as Class III or Class IV property.
Be it enacted by the Legislature of West Virginia:
That section five, article eight, 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 8. LEVIES.
§11-8-5. Classification of property for levy purposes.
For the purpose of levies, property shall be classified as
Class I. All tangible personal property employed exclusively in agriculture, including horticulture and grazing;
All products of agriculture (including livestock) while owned
by the producer;
All notes, bonds, bills and accounts receivable, stocks and
any other intangible personal property;
Class II. All property owned, used and occupied by the owner
exclusively for residential purposes;
All farms, including land used for horticulture and grazing,
occupied and cultivated by their owners or bona fide tenants;
Class III. All real and personal property situated outside of
municipalities, exclusive of Classes I and II;
Class IV. All real and personal property situated inside of
municipalities, exclusive of Classes I and II.
Unless rented or placed in other use by an administrator or
the heirs of an estate that has not been finally settled, real
property classified as Class II property in the estate of a
deceased owner may not be reclassified for a period of two years
after the owner's death.
NOTE: The purpose of this bill is to prohibit the
reclassification of class two real property for a period of two
years if the estate has not been settled.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would