H. B. 2029
(By Delegate Fragale)
[Introduced January 11, 2007; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §11-8-5
of the Code of West Virginia,
1931, as amended, relating to providing that property owned,
used and occupied by the owner or the owner's immediate family
exclusively for residential purposes and without compensation
is Class II property for levy purposes.
Be it enacted by the Legislature of West Virginia:
That §11-8-5 of the Code of West Virginia, 1931, 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
follows:
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 or used and occupied by the
owner's immediate family member or members exclusively for
residential purposes without compensation for the use being paid to
the owner by the immediate family member or members;
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.
NOTE: The purpose of this bill is to provide that property
owned, used and occupied by the owner or the owner's immediate
family exclusively for residential purposes and without
compensation being paid to the owner by the immediate family
members is Class II property for levy purposes.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.