West Virginia Code § 11-1A-17

Review of appraisal by the county commission sitting as an
Open in Lexace · Ask the AI about this section
administrative appraisal review board.
(a) Within thirty days after the earlier of (1) the day the Tax Commissioner notifies the owner
of his determination described in subsection (d) of the preceding section, or (2) the twenty-
first day after the request described in subsection (c) of the preceding section was made, the
owner may petition for a hearing of record before the county commission ofe the county in
which the larger portion of the appraised property is liable to assessment for ad valorem
property taxation. Contemporaneously with the filing of the petition witrh the county
commission, the owner shall mail a copy of the petition to the Tax Commissioner and the
assessor, and the petition shall have endorsed or appended to it a certificate by the owner or
his attorney that such copies were mailed.
(b) The county commission shall sit as an administrative appraisal review board, shall hear
such testimony, under oath, as the owner, the Tax Commissioner and other witnesses may
offer, and shall make a true record of the testimony by nonstenographic electronic recording
suitable to assure that the recorded testimony will be accurate and trustworthy. Upon
making such true record and preserving the osther evidence presented, the commission shall
determine whether the amount of value fixed by the appraisal of the property is correct
under the circumstances. If the county commission finds the appraisal to be correct it shall
enter an order approving the value ags appraised and adopting by reference the
determination and reasons made by the commissioner under subsection (d), section sixteen
of this article. If the county coemmission determines that the amount of value fixed by the
appraisal of the property is incorrect, and if sufficient evidence has been presented to permit
correction of the appraiLsal, the county commission shall correct the appraisal and fix the
value of the appraised property. If the county commission shall find that the evidence is not
sufficient to determin e the correct value, the county commission shall direct the parties to
develop and present such evidence, and may continue the hearing from time to time for this
purpose until there be evidence before it sufficient to fix the correct value. Upon making a
determination, the county commission shall enter an order and inform the parties in writing,
setting forth in summary form the reasons for such determination.
(c) Any person who is a taxpayer of ad valorem property taxes in any West Virginia county
may protest an appraisal of property under this article for good cause alleged and shown. A
person desiring to protest a reappraisal of property shall petition for a hearing before the
administrative appraisal review board in the same manner as an owner would petition for
hearing with regard to the appraisal of his property under the provisions of subsection (a) of
this section: Provided, That a petition for protest must be filed with the county commission
within forty-five days after the publication of the notice required in subsection (a), section
sixteen of this article. The hearing of a protest shall be governed by the same procedures
described for hearings in subsection (b) of this section.
(d) Upon a showing of good cause, any person who is a taxpayer of ad valorem property
taxes in any West Virginia county may be permitted to intervene in the hearing provided for
in this section.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.