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Supreme Court of Appeals of West Virginia releases negative verdict for county

Posted: Wednesday, Oct 23rd, 2013

CHARLESTON – The West Virginia Supreme Court of Appeals announced their decision in a case brought before them on September 25, 2013.

With all five Justices in agreement, Chief Justice Benjamin delivered the opinion of the court, which concluded, “Pursuant to W.Va. Code 11-1C-10(g), upon receiving the appraisal of natural resources property from the State Tax Commissioner, a county assessor may either accept or reject that appraisal. If the assessor rejects the appraisal, the assessor must show just cause for doing so to the Property Valuation Training and Procedures Commission, including a plan by which a different appraisal should be conducted. If the assessor accepts the appraisal, the assessor is then foreclosed from later challenging the appraisal before either the Property Valuation Training and Procedures Commissioner under W.Va. Code 11-1C10(g) or the Board of Equalization and Review under W.Va. Code 11-3-24.”


They concluded, “If county assessors are permitted to alter accepting the Commissioner’s appraisals to then turn around and challenge those appraisals before their local boards of equalization and review, there will be no check on whether the tax is equal and uniform throughout the state. When challenges are made to the PVC, the PVC and the Commissioner are able to review each county assessor’s challenge in the contest of natural resources valuations on a state-wide level, thereby ensuring equal and uniform taxation state wide.”


Economic Impact to Taylor County

Taylor County Board of Education $250,300

Taylor County Commission 93,500

Taylor County Emergency Squad 11,200

Taylor County Fire Departments 7,500

Taylor County Health Department 4,300

Taylor County Public Library 4,100

Taylor County Senior Citizens 3,000

Total $373,900

For the complete article see the 10-23-2013 issue.

Click here to purchase an electronic version of the 10-23-2013 paper.

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