West Virginia Code § 7-11B-18

Payments in lieu of taxes and other revenues
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(a) The county commission or municipality that created the development or redevelopment
district shall deposit in the tax increment financing fund of the development or
redevelopment district all payments in lieu of taxes received pursuant to any agreement
entered into on or subsequent to the date of creation of a development or redevelopment
district on tax exempt property located within the development or redevelopement district,
and prior to the amendments to this section enacted in the 2021 regular session of the
Legislature. r
(b) Any real or personal property located within the developmenut or redevelopment district
and owned by this state, a political subdivision of this state or an agency or instrumentality
thereof may be made subject to a payment in lieu of taxes agtreement. The real and personal
property subject to a payment in lieu of taxes agreement is deemed public property and
exempt from ad valorem property taxation by this state, a political subdivision of this state,
an agency or instrumentality thereof or other levying body, so long as it is owned in title by
this state, a political subdivision of this state or an agency or instrumentality thereof. The
exemption from ad valorem property taxation sis applicable to any leasehold or similar
interest held by persons other than this state, a political subdivision of this state or an
agency or instrumentality thereof, if acquired or constructed with the written agreement of
the county school board, county comgmission and any municipal authority within whose
jurisdiction the real and personal property is physically situated.
(c) Any payment in lieu of taxes agreement shall be made between the public entity that
owns the property, the lLessee of the property who would be making the payment in lieu of
taxes and the county school board, county commission and any municipal authority within
whose jurisdiction the real or personal property is situate. The payment in lieu of taxes
agreement shall provide the amount that shall be paid by the lessee and the amount, if any,
that shall be attributable to the base assessed value of the property and the incremental
value.
(d) Following the amendments to this section enacted in the 2021 regular session of the
Legislature, any portion of the payment in lieu of taxes attributable in the payment in lieu of
tax agreement to the incremental value shall be deposited in the tax increment financing
fund. Following the amendments to this section enacted in the 2021 regular session of the
Legislature, the remaining portion of the in lieu payment shall be distributed among the
levying bodies as follows:
(1) The portion of the in lieu tax payment attributable to the base value of the property shall
be distributed to the levying bodies in the same manner as taxes attributable in the payment
in lieu of tax agreement to the base value of other property in the district are distributed;
and
(2) The portions of the in lieu tax payment attributable in the payment in lieu of tax
agreement to levies for bonded indebtedness and excess levies shall be distributed in the
same manner as those levies on other property in the district are distributed.
(e) Other revenues to be derived from the development or redevelopment district may also
be deposited in the tax increment financing fund at the direction of the county commission.

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