West Virginia Code § 11-6-12a

Relief from erroneous assessments
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(a) Any owner or operator claiming to be aggrieved by an assessment of the board of public
works, including matters relating to the valuation of property resulting from a clerical error
or a mistake occasioned by an unintentional or inadvertent act as distinguished from a
mistake resulting from negligence or the exercise of poor judgment may, within sixty days of
the effective date of this section and thereafter within one year from the datee upon which
the board of public works has set final values or within one year from the time such clerical
error or mistake is discovered or reasonably could have been discovererd, apply for relief to
the board of public works as provided in this section.
(b) Upon the discovery of any such clerical error or mistake, the secretary of the board of
public works shall send notice to the owner or operator affectted by the clerical error or
mistake by first class mail advising the owner or operator of the right to make application for
relief from the erroneous assessment.
(c) Except as otherwise provided in subsection (a) olf this section, the application for relief
shall be presented to the secretary of the boarsd of public works no later than one year from
the date upon which the error or mistake is discovered.
(d) If the board of public works detegrmines that the applicant is entitled to relief, any excess
taxes already paid shall be refunded or, if the taxes are charged but not paid, the applicant
shall be released from the payment of such excess: Provided, That except for an application
for relief filed within sixty days of the effective date of this section, in the event a mistake or
error is discovered more than one year from the date the board has set final values, and the
board determines the applicant is entitled to relief, then any correction under this section
shall be in the form of a credit against future years' taxes.
(e) Whenever any correction is made by the board of public works, the secretary of the board
of public works shall direct that the adjustments be made by the State Tax Commissioner
andW communicated to the Auditor for correction of the tax statements. The Auditor shall
thereafter cease any attempt to collect any amounts erroneously charged against the owner
or operator and, if already collected, shall refund any excess taxes paid: Provided, That
except for an application for relief filed within sixty days of the effective date of this section,
in the event a mistake or error is discovered more than one year from the date the board has
set final values, and the board determines the applicant is entitled to relief, then any
correction under this section shall be in the form of a credit against future years' taxes.
(f) The provisions of this section shall not be construed to authorize the board of public
works to consider any question involving the assessment or valuation of property which has
been the subject matter of an appeal under the provisions of section twelve of this article.
(g) Any owner or operator may appeal the decision of the board of public works with respect
to an application made for relief under this section in the same manner as appeals are
authorized under the provisions of section twelve of this article.

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