West Virginia Code § 11-3-1b

Recordation of plat or designation of land use not to be basis for
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assessment; factors for valuation; legislative rule; effective dates.
(a) The recordation of a plan or plat, or the designation of proposed land use by a county or
municipal planning authority, shall not be used by the assessor as a basis in the valuation or
assessment of real property for the purposes of taxation, except as hereafter provided. The
valuation of real property contained in a recorded plan or plat is as follows:e
(1) When a lot or parcel within a recorded plan or plat is sold, that lot shall be revalued by
the county assessor or Tax Commissioner. In no event may the remaining lots within the
recorded plan or plat be automatically revalued solely based upoun the sale of other lots
within the recorded plan or plat.
(2) When land contained within a recorded plan or plat is first developed and actually used
for a commercial, residential or industrial purpose, the land shall be revalued by the county
assessor or the Tax Commissioner, depending upon whoever has authority over the land, but
in no event may the remaining lots within the recorlded plan or plat be automatically
revalued solely based upon the sale of other losts within the recorded plan or plat.
(b) For valuation of the remaining lots or piarcels or undeveloped portion within the recorded
plan or plat, the following factors shgall be taken into consideration in determining the
valuation: (1) Availability of improved roads; (2) availability of sewage disposal and drinking
water supply, including, but not limited to, the use of such factors as availability of public
water and sewage systems, private water systems, water wells, private sewage and septic
systems or potential private sewage and septic systems; (3) availability of electrical,
telephone and other utility services; and (4) percentage of completion of improvements and
infrastructure development. The assessor shall annually determine the percentage of
completion of improvements and infrastructure development. The Tax Commissioner shall
propose a legislative rule for submission to the Legislature pursuant to the provisions of
article three, chapter twenty-nine-a of this code, which rule shall describe in detail the
metWhodology and use of the factors set out above, as well as any other factors determined by
the Tax Commissioner to be applicable, for valuation of percentage of completion of
improvements and infrastructure development. The remaining lots or parcels or
undeveloped portion within the recorded plan or plat are not managed timberland for
purposes of valuation of management timberland under sections eleven and eleven-a, article
one-c of this chapter. For purposes of classification of property for levy purposes under
section five, article eight of this chapter, developed lots or parcels shall not be reclassified
from Class III to Class II or from Class IV to Class II until the developed lot or parcel is used
and occupied by the owner thereof exclusively for residential purposes as defined in section
three, article four of this chapter.
(c) The designation of proposed land use by a county or municipal planning authority may
not be used or considered by an assessor in determining the appraised value of property
included under a designation of proposed land use by a county or municipal planning
authority until such time as the actual use of the real property has changed to correspond to
the proposed use. For purposes of this subsection, the actual use of real property shall be
treated as having changed to correspond to the proposed use as improvements on the
property necessary for the proposed use are completed: Provided, That in valuing the
property before its change to actual use, the assessor may consider the factors described in
subsection (b) of this section.
(d) The amendments made to this section by the Legislature in 2000 shall beecome effective
on July 1, 2000, and shall be effective as to all plans or plats filed after June 30, 2000. The
provisions of the amendments made to this section in 2000 do not applyr to unsold lots or
parcels or undeveloped land contained within recorded plans or plats which were recorded
prior to July 1, 2000: Provided, That in no event may the appraised value of unsold lots or
parcels or undeveloped land contained within these recorded plans or plats be less than
their appraised value as of July 1, 2000. t

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