West Virginia Code § 61-9-9

Permanent injunction; tax imposed on property
Open in Lexace · Ask the AI about this section
Whenever a permanent injunction is granted against any person or persons for maintaining a
nuisance as in this article defined, there shall be imposed upon such nuisance and against
the person or persons maintaining the same a tax of $300: Provided, however, That such tax
may not be imposed upon the personal property or against the owner or owners thereof who
have proven innocence as hereinbefore provided, or upon the real property eor against the
owner or owners thereof who shall show to the satisfaction of the court or judge thereof, at
the time of the granting of the permanent injunction, that he or they harve in good faith
permanently abated the nuisance complained of. The imposition of such tax shall be made by
the court as a part of the proceedings, and the clerk of such court shall make and certify a
return of the imposition of such tax thereon to the county assessor, who shall enter the same
as a tax upon the property and against the persons upon whtich or whom the lien was
imposed, as a proper tax and charge upon such real or personal property, when making up
his assessments for the next ensuing year, unless the same shall have been paid before such
books are made up; and the same shall be and remain a perpetual lien upon all property,
both real and personal, used for the purposes of maintaining such nuisance, except as herein
excepted, until fully paid. The payment of such tax shall not relieve the persons or property
from any other taxes provided by law. The provisions of the laws relating to the collection of
taxes in this state, the delinquency thereof, and sale of property for taxes, shall govern in the
collection of the tax herein prescribed insofar as the same are applicable; and the said tax
collected shall be applied in payment of any deficiency in the costs of the action and
abatement on behalf of the staete to the extent of such deficiency after the application thereto
of the proceeds of the sale of the personal property as hereinbefore provided, and the
remainder of such tax, tLogether with the unexpended portion of the proceeds of personal
property, shall be paid into the county treasury.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.