W. Va. Code R. § 110-1F-2

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 110-1F-2 - Definitions

As used in this rule and unless the context clearly requires a different meaning, the following terms shall have the meanings ascribed herein, and shall apply in the singular or in the plural.

2.1. Accretion. -- The term "Accretion" shall mean the gradual addition or imperceptible accumulation to the property which affects its market value. This includes, but is not limited to, the influence inflation has on the market value.

2.2. Addition. -- The term "Addition" shall mean something added to the property which affects its market value.

2.3. Alteration. -- The term "Alteration" shall mean and include any substitution, improvement, addition, replacement, destruction, removal, casualty, Act of God, waste, or any like occurrence, in or to the real or personal property that affects the market value of that property.

2.4. Appraisal or appraisement, the appraisal or the appraisement. -- The terms "The Appraisal" or "The Appraisement", "Appraisal" or "Appraisement" shall mean the appraisement of property which was made or performed following the adoption of and pursuant to the amendment to Article X, Section 1b of the Constitution of West Virginia adopted in the year 1982 and also pursuant to Article 1a of Chapter 11 of the Code, and any modifications and revisions made thereto prior to the effective date of Article 1B of Chapter 11 of the Code, subject however, to those exemptions subsequently granted by the amendments to Section 1a of said Article X of the Constitution adopted in the year 1984.

2.5. Assessed property, taxable property or property. -- The terms "Assessed Property", "Taxable Property" or "Property" shall mean and include all real estate and personal property or interests therein which were required to be appraised pursuant to Article X, Section 1b of the Constitution of West Virginia, as amended in the year 1982 (except as may be exempted from ad valorem taxation by the provisions of Article X, Section 1a of the Constitution of West Virginia as amended in the year 1984) and any statute or statutes subsequently enacted which would implement such amendment and, with respect to real property, any and all improvements or structures thereon or attached thereto.

2.6. Assessed value. -- The term "Assessed Value" shall mean the value of an item of property after the certification of the first statewide reappraisal and shall be sixty percent (60%) of the market value of such item or property regardless of its class or species, except as hereinafter specifically provided in this article.

2.7. Casualty. -- The term "Casualty" shall mean damage to or destruction of property due to a sudden, unexpected or unusual cause.

2.8. County modifier. -- The term "County Modifier" shall mean the multiplier(s) used for each county against the cost list in order to factor into the cost list values the differentials in construction costs which may exist and vary from county to county.

2.9. Destruction. -- The term "Destruction" shall mean the rendering of property useless for its intended purpose even though the property may not literally be destroyed or demolished.

2.10. Electronic data processing system network. -- The words "Electronic Data Processing System Network" and "Network" shall mean the statewide electronic data processing system network required by W. Va. Code '11-1A-21.

2.11. Good cause. -- The term "Good Cause" shall mean such sufficient cause or reason set forth by a protestor or intervenor as will allow the county commission, in its discretion, to preliminary determine that the petitioner has properly stated a claim alleging an incorrect valuation of property. When a petition to protest or intervene sets forth facts which, if proved, would entitle the petitioner to have a valuation changed, and the county commission thus has a reasonable ground for belief that a proper claim exists, then good cause has been established.

2.12. Improvement. -- The term "Improvement" shall mean a valuable addition or amelioration to property, amounting to more than mere repair of replacement of deterioration, which enhances the value, beauty or utility of the property, or adapts it to a new or further purpose.

2.13. Intangible personal property. -- The words "Intangible Personal Property" and "Intangible Property" shall have the same meaning as that ascribed to them in Section 11.11 of these regulations. See Series IA, '11-11(f)(12) (1984).

2.14. Intervenor. -- The term "Intervenor" shall mean any taxpayer of ad valorem property tax in any West Virginia county who was not involved in the initial petition for a hearing before the county commission but requests permission to participate in the proceedings.

2.15. Natural resources. -- The words "Natural Resources" shall mean, and include coal, oil, gas, ore, limestone, fire clay or other minerals or mineral substances in or under the surface of the land, and the timber standing thereon. See W. Va. Code '11-4-9.

2.16. Personal property. -- The words "Personal Property" as used in this rule, shall include all fixtures attached to land (if not included in the valuation of such land entered in the proper land book); all things of value, moveable and tangible, which are the subjects of ownership; all chattels (real and personal); and all notes, bonds, and accounts receivable, stocks and other similar intangible property that are subject to ad valorem property taxes. See W. Va. Code '11-5-3.

2.17. Property. -- The term "Property" shall mean and include both real and personal property, tangible as well as intangible, unless the context in which the term is used clearly requires a less inclusive meaning.

2.18. Protestor. -- The term "Protestor" shall mean any taxpayer of ad valorem property tax in any West Virginia county who petitions the county commission to hold a hearing to hear challenges to the appraisal of property.

2.19. Real property. -- The word "Land" or "Lands" and the words "Real Estate" or "Real Property" are used interchangeably in these regulations. They shall mean and include lands, tenements and hereditaments, all rights thereto and interest therein except chattel interest. See W. Va. Code '2-2-10(p). "Real Property" includes natural resources lying on or under the surface of the land, and standing timber.

2.20. Removals. -- The term "Removal" shall mean the transfer of property from one (1) place to another.

2.21. Replacement. -- The term "Replacement" shall mean the exchange or substitute of one (1) item of property for another item of property of similar or like utility.

2.22. Substitution. -- The term "Substitution" shall mean the putting of one (1) item of property in place of another item of property.

2.23. Tax Commissioner. -- The term "Tax Commissioner" shall mean the State Tax Commissioner of West Virginia or his delegate and the mailing address for the Tax Commissioner's office is: P.O. Box 2389, Charleston, WV 25328.

2.24. Value, market value, and true and actual value. -- The terms "Value", "Market Value", and "True and Actual Value" shall have the same meaning and shall mean the price at or for which a particular parcel or species of property would sell if it were sold to a willing buyer by a willing seller in an arms length transaction without either the buyer or the seller being under any compulsion to buy or sell: Provided, That in determining value, primary consideration shall be given to the trends of price paid for like or similar property in the area or locality wherein such property is situate over a period of not less than three (3) nor more than eight (8) years next preceding the base year and in the case of a farm or farms shall be determined assuming such land is being used for farming purposes. In parcel of real property, or chattels, real or other species of property, real or personal, take into account one (1) or more of the following factors:

(1) The location of such property;

(2) Its site characteristics;

(3) The ease of alienation thereof, considering the state of its title, the number of owners thereof, and the extent to which the same may be the subject of either dominant or servient easement;

(4) The quantity of size of the property and the impact which its sale may have upon surrounding properties;

(5) If purchased within the previous eight (8) years, the purchase price thereof and the date of each such purchase;

(6) Recent sale of, or other transactions involving, comparable property within the next preceding eight (8) years;

(7) The value of such property to its owner;

(8) The condition of such property;

(9) The income, if any, which the property actually produces and has produced within the next preceding eight (8) years; and

(10) Any commonly accepted method of ascertaining the market value of any such property, including techniques and methods peculiar to any particular species of property if such techniques or method is used uniformly and applied to all property of like species.

2.25. Vehicles, aircraft and watercraft. -- The terms "Vehicles", "Aircraft", and "Watercraft" shall have the meanings ascribed to them in Series IA, '11.13 (1984).

2.26. Waste. -- The term "Waste" shall mean an unreasonable or improper use, abuse, mismanagement or omission, of a duty to real property or personal property by one (1) rightfully in possession, which results in substantial injury to the property.

W. Va. Code R. § 110-1F-2