Levy Limit with Truth in Taxation Override

State

West Virginia

Year

2006

Limit Type

Levy Limit

Limit Name

Levy Limit with Truth in Taxation Override

Limit Description

If an annual appraisal, triennial appraisal, or general valuation of property would increase the total property tax revenue by 1% or more using the current property tax rates, the rate must be proportionally reduced between the county and municipalities for all classes of property so that the revenue generated by property taxes will be the same as the prior year. Increases in valuation due to new construction, improvements, newly acquired personal property, or the start of recovery of natural resources are not included in this limit.

Override Process

After conducting a public hearing at the annual budget hearing, a county or municipality's governing body may increase the rate above the limit not to exceed 10% , if it deems the increase necessary. Notice of any related public hearing must be given at least 7 days before the date of the hearing in a newspaper of general circulation in the municipality or county and conform to certain font, text size, and placement requirements. It must include the percent increase in the total assessed value of property over the prior year, the rates for each class of property by which the same revenue would be generated as the prior year, the proposed increased rate for each class of property, the amount of increased rate for each class of property, the revenue generated in the prior year, the revenue to be generated under the proposed increased rate, revenue to be generated from new construction or improvements, and the purpose for the increase. It must also include the date, time, and location of the public hearing and the meeting in which a decision on the increase will be made.

Record ID

WV002_LM06

Footnotes

This limit went into effect for counties, municipalities, and school districts in 1990.

Sources

W. Va. Code § 11-8-6e (in effect for 2006)
Mullins, Daniel and Kimberly Cox. 1995.
Tax and Expenditures Limits on Local Governments, M-194, Washington, DC: Advisory Commission on Intergovernmental Relations.
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