West Virginia Code § 11-1C-11a

Certification of managed timberland; assessment of property; penalty
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for failure to comply.
(a) Any person who owns timberland comprising ten or more contiguous acres may qualify
for identification as managed timberland for property tax purposes as set forth in subdivision
(1), subsection (d), section ten of this article.
(b) The assessor, upon receipt of an appraisal or certification of the timberland from the Tax
Commissioner, shall assess the property as managed timberland beginning with the next
ensuing assessment year. Except as otherwise provided in this section, the classification of
timberland included in a certified managed timberland plan shalul not change for property tax
purposes until such time as there is: (1) A change in the use of the property which requires a
change in classification; (2) a change in the classification of tthe property from Class III to
Class IV; or (3) a change in the classification of the property from Class IV to Class III.
(c) If the director of the Division of Forestry determines that the owner of timberland failed
to implement a certified managed timberland plan lwithin twenty-four months of certifying
that the property meets the definition of manasged timberland, the director shall give written
notice to the owner by certified mail, return receipt requested, that such certification is
removed and the owner of the timberland shall pay to the sheriff of the county in which the
property is located a fine equal to thge amount of property taxes saved due to the property
being assessed as managed timberland plus interest calculated at the rate of nine percent
per year. Additionally, the asseessor shall reassess the property. The amount of this fine is
equal to the sum of the following calculations:
(1) For each assessment year, the county assessor shall determine the market value of the
property and subtract from that value the value at which the property was appraised as
managed timberland. This amount shall be multiplied by sixty percent. This result shall then
be multiplied by the applicable levy rate.
(2) WInterest shall be imposed on the amount calculated under subdivision (1) of this
subsection at the rate of nine percent per annum beginning with October 1, of the tax year
in which the taxes should have been paid based upon the timberland value of the property.
Interest shall continue to accrue until the day the fine is paid.
(d) The sheriff shall deposit and account for the fines collected under this section in the
same manner as property taxes.

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