West Virginia Code § 19-21-11

Tax levy to pay preliminary expenses; delinquent tax as lien on property;
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disposition of funds.
For the purpose of paying expenses incurred or to be incurred in organizing such district,
making surveys of the same, assessing benefits and damages, and to pay other expenses
necessary to be incurred, before the board of supervisors shall be empowered by subsequent
provisions of this article to provide funds to pay the total cost of works and eimprovements of
the district, the board of supervisors of any drainage district organized under the provisions
of this article shall, as soon as elected and qualified, levy a uniform taxr of not more than 50¢
per acre upon each acre of land and each mile of right-of-way within such district, as shown
by preliminary report of the engineer required by section four of this article. In case the
boundary lines of the district shall be extended under the provisions of a subsequent section
of this article so as to include lands and other property not dtescribed in the petition, the
same uniform tax shall be made on such lands and other property as soon as the same shall
have been made and included in the district. In case lands are included in the district and
assessed in accordance with this provision which it subsequently develops should not have
been included, taxes collected from such lands shall be returned to the owners of such lands.
Such tax shall be due and payable as soon as assessed and if not paid within sixty days after
the tax has been levied the same shall become delinquent. It shall become a lien on the land
and other property against which it has been assessed and the delinquent list shall be
certified by the secretary of the district to the sheriff of the county wherein the property so
assessed is situated, and the same shall be collected by the sheriff in the same manner as
state and county taxes, and beear the same penalty. In case the sum received from such
assessment exceeds the total cost of items for which the same has been levied, the surplus
shall be placed in the GeLneral Fund of the district and used to pay cost of construction:
Provided, That if the district be dissolved before the improvements are completed, the
amount of the surplu s, if there be any, shall be prorated and refunded to the landowners
paying such uVniform tax.

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