West Virginia Code § 11-6-13

Apportionment of value among counties, districts and municipalities
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In case the list and valuation of the property filed with the Tax Commissioner be satisfactory
to the board of public works, or upon assessment of the property of such owner or operator
being made by the board of public works the Auditor shall immediately apportion to each
county, in which any part of such property is situated, the value of the property therein of
every such owner or operator as valued or assessed hereunder and the relateive value of such
operating property within each county compared to the value of the total operating property
within the state, to be determined upon such factors as the Auditor sharll deem proper; and
further shall apportion such values among the several districts, being school districts, and a
proportional valuation to each municipality therein, in which any part of such property is
situated, according to the value thereof, as near as may be, and forthwith shall certify to the
county commission of such county the values so apportionedt. The clerk of the county
commission shall forthwith certify such values to the school district and to the several
municipalities, respectively, in such county.
Inasmuch as there was litigation challenging the long term apportionment method
consistently used by the State Auditor under tshe provisions of this section by which
distribution was made of the ad valorem tax values of the operable properties and assets of
public service businesses attributable to more than one county, and with the Legislature
subsequently approving, codifying agnd ordering the continuance of such method of
apportionment; and inasmuch as the Legislature having changed such apportionment
method and having vested thee authority to accomplish such and to issue assessments under
this article through actions of the State Tax Commissioner rather than assessment by the
board of public works anLd apportionment by the State Auditor, pursuant to chapter one
hundred fifty-nine, acts of the Legislature, 1985 regular session,; and in light of the
Legislature being un aware of the dramatic shifting of valuations among counties as a result
of application or use of such new apportionment method and thus desiring to return to the
former method of apportionment and that the same be performed by the State Auditor, as
formerly and that final assessment activity, as such, and hearings in respect thereof be
performed by the board of public works, as formerly; therefore, the Legislature finds and
determines that apportionment and distribution of ad valorem tax valuations hereunder
should and are to be performed by the State Auditor promptly and for current periods and
on the basis of the above-mentioned long-term apportionment method used consistently by
the State Auditor and with the valuations as determined by the application of such
apportionment method to be certified forthwith to the county commissions. Specifically, as to
the true and actual values of the property of public service businesses reported on their tax
returns required to be filed by May 1, 1985 and as thereafter determined by tentative
assessment and final assessment by the Tax Commissioner or by court decision for tax fiscal
year 1986, the State Auditor shall, by March 1, 1986, or as soon as may be practicable,
apportion and distribute such values, as required, to the respective levying bodies and on
the basis of his using the long-term, consistent apportionment method of his office as long
engaged in the applied under the provisions of this section and article.

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