West Virginia Code of State Rules
Agency 110 - Tax
Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT
Series 110-01F - Additional review And implementation Of property appraisals
Section 110-1F-15 - Right Of Tax Commissioner, Assessor Or Property Owner To Review Of Newly Discovered Matters; Limitations
Universal Citation: 110 WV Code of State Rules 110-1F-15
Current through Register Vol. XLI, No. 38, September 20, 2024
15.1. Petition to reopen and review.
15.1.1. At any
time after September 2, 1986 but before October 1, 1986, the Tax Commissioner,
the assessor or any property owner shall have the right to petition the county
commission to reopen and review a property valuation determination in
accordance with the provisions of W. Va. Code '11-1B-1
et seq.
15.1.2. If the Tax
Commissioner or assessor petitions the county commission to reopen and review
the appraised value, the petitioning party shall forthwith mail or deliver a
true copy of the petition to the property owner, and shall so certify on the
petition that a true copy of such petition has been mailed or delivered to the
property owner.
15.1.3. If the
property owner petitions the county commission to reopen and review the
appraised value, the property owner shall immediately mail or deliver a true
copy of the petition to the Tax Commissioner and the assessor, and shall so
certify on the petition that a true copy of such petition has been mailed or
delivered to the Tax Commissioner and the assessor.
15.1.4. The petitioning party shall have the
affirmative burden of clearly showing that the matters and facts raised in the
petition were newly discovered since September 1, 1986, and were theretofore
known to the party so petitioning. If the petitioning party is unable to
clearly show that the facts and matters are newly discovered, the county
commission will immediately halt any further action with regard to the petition
so submitted.
15.2. Petition by assessor to correct inconsistencies.
15.2.1. The assessor shall petition the
county commission to adjust the appraised value of any parcel where that value
appears to be
15.2.1a. Clearly in error,
or
15.2.1b. Based upon
inconsistencies in valuation procedures, trends in valuation, clerical errors
or other cause.
15.2.2.
Notice of any such petition filed by the assessor shall be given to any
affected property owner and the Tax Commissioner.
15.2.3. A hearing held pursuant to such
petition shall be governed by the procedures which govern review and hearings
as provided in W. Va. Code '11-1B-8.
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