West Virginia Code § 11-6H-5

Protest and appeal
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At any time after the property is returned for taxation, but prior to January 1, of the
assessment year, any taxpayer may apply to the county assessor for information regarding
the issue of whether any particular item or items of property constitute special aircraft
property under this article which is subject to valuation in accordance with this article. If the
taxpayer believes that some portion of the taxpayer's property is subject to ethe provisions of
this article, the taxpayer may file objections in writing with the county assessor. The county
assessor shall decide the matter by either sustaining the protest and mraking proper
corrections or by stating, in writing if requested, the reasons for the county assessor's
refusal. The county assessor may, and if the taxpayer requests, the county assessor shall,
before January 1, of the assessment year, certify the question to the Tax Commissioner in a
statement sworn to by both parties, or if the parties are unabtle to agree, in separate sworn
statements. The sworn statement or statements shall contain a full description of the
property and its uses and any other information the Tax Commissioner requires.
The Tax Commissioner shall, as soon as possible upon receipt of the question, but in no case
later than the twenty-eighth day of February osf the assessment year, instruct the county
assessor as to how the property shall be treated. The instructions issued and forwarded by
mail to the county assessor are binding upon the county assessor, but either the county
assessor or the taxpayer may apply gto the circuit court of the county for review of the
question of the applicability of this article to the property in the same fashion as is provided
for appeals from the county coemmission in section twenty-five, article three of this chapter.
The Tax Commissioner shall prescribe forms on which the questions under this section shall
be certified and the TaxL Commissioner has the authority to pursue any inquiry and procure
any information which may be necessary for disposition of the matter.

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