Senate Bill No. 439
(By Senators Tucker, Jenkins, Beach and Wills)
[Introduced January 27, 2012; referred to the Committee on Government Organization; and then to the Committee on the Judiciary.]
A BILL to amend and reenact §11-3-15c of the Code of West Virginia, 1931, as amended, relating to providing the assessor to whom a petition for assessor review is filed with copies of documentation evidencing substantial information at least five days prior to the assessor’s review in situations where a taxpayer is seeking a review of multiple valuations.
Be it enacted by the Legislature of West Virginia:
That §11-3-15c of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 3. ASSESSMENTS GENERALLY.
§11-3-15c. Petition for assessor review of improper valuation of real property.
(a) A taxpayer who is of the opinion that his or her real property has been valued too high or otherwise improperly valued or listed in the notice given as provided in section two-a of this article may, but is not required to, file a petition for review with the assessor on a written form prescribed by the Tax Commissioner. This section shall not apply to industrial and natural resource property appraised by the Tax Commissioner.
(b) The petition shall state the taxpayer’s opinion of the true and actual value of the property and substantial information that justifies that opinion of value for the assessor to consider for purposes of basing a change in classification or correction of the valuation. For purposes of this subsection, the taxpayer provides substantial information to justify the opinion of value by stating the method or methods of valuation on which the opinion is based:
(1) Under the income approach, including the information required in section fifteen-e of this article;
(2) Under the market approach, including the true and actual value of at least three comparable properties in the same geographic area or the sale of the subject property; or
(3) Under the cost approach, including the replacement cost or the cost to build or rebuild the property, plus the true and actual value of the land.
(c) The petition may include more than one parcel of property if they are part of the same economic unit according to the Tax Commissioner’s guidelines or if they are owned by the same owner, have the same use, are appealed on the same basis and are located in the same tax district or in contiguous tax districts of the county and are in a form prescribed by the Tax Commissioner.
(d) The petition shall be filed within five days after the date the taxpayer receives the notice of increased assessment under section two-a of this article or the notice of increased value was published as a Class II-0 legal advertisement as provided in that section.
(e) When a taxpayer petitions for review of more than one parcel as described in subsection (c) of this section, he or she shall file copies of documents that evidence the substantial information described in subsection (b) of this section with the assessor not less than five days prior to the date set for the assessor’s review.
NOTE: The purpose of this bill is to require a taxpayer who is petitioning for review of an assessor’s property valuations to provide copies of documentation evidencing the taxpayer’s substantial information at least five days prior to the assessor’s review in situations where a taxpayer is seeking a review of multiple valuations.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.