2006 Code of Virginia § 58.1-3256 - Reassessment in towns; appeals of assessments

58.1-3256. Reassessment in towns; appeals of assessments.

In any incorporated town there may be for town taxation and debt limitation,a general reassessment of the real estate in any such town in the yeardesignated, and every fourth year thereafter, that the council of such townshall declare by ordinance or resolution the necessity therefor. Every suchgeneral reassessment of real estate in any such town shall be made by a boardof assessors consisting of three residents, a majority of whom shall befreeholders, who hold no official office or position with the towngovernment, appointed by the council of such town for each generalreassessment and the compensation of the person so designated shall beprescribed by the council and paid out of the town treasury. The assessors sodesignated shall assess the property in accordance with the general law andConstitution of Virginia. If for any cause the board is unable to complete anassessment within the year for which it is appointed, the council shallextend the time therefor for three months. Any vacancy in the membership ofthe board shall be filled by the council within 30 days after the occurrencethereof, but such vacancy shall not invalidate any assessment. Theassessments so made shall be open for public inspection after notice of suchinspection shall have been advertised in a newspaper of general circulationwithin the town at least five days prior to such date or dates of inspection.Within 30 days after the final date of inspection the assessors shall filethe completed reassessments in the office of the town clerk and at the sametime forward to the Department of Taxation a copy of the recapitulationsheets of such assessments.

Any person, firm, or corporation claiming to be aggrieved by any assessmentmay, within 30 days after the filing of reassessments in the office of thetown clerk, apply to the town board of equalization for a correction of suchassessment by filing with the town clerk a written statement setting forthhis grievances. The board of equalization of every such town shall, within 30days of the filing of such complaint, fix a date for a hearing on suchapplication and, after giving the applicant at least 10 days' notice of thetime fixed, shall hear such evidence as may be introduced by interestedparties and correct the assessment by increasing or reducing the same. Thecircuit court having jurisdiction within the town shall, in each tax yearimmediately following the year in which a general reassessment was conducted,appoint for such town a board of equalization of real estate assessments madeup of three to five citizens of the town. Any such town board of equalizationshall be subject to the same member composition requirements and limits onterms of service as provided for boards of equalization pursuant to 58.1-3374. In addition, at least once in every four years of service on atown board of equalization, each member of such board shall take continuingeducation instruction provided by the Tax Commissioner pursuant to 58.1-206. In equalizing real property tax assessments, such board ofequalization shall hear complaints, including but not limited to, that realproperty is assessed at more than fair market value. In hearing complaints,the board shall establish the value of real property as provided in 58.1-3378. The provisions of 58.1-3379 shall apply to all complaints heardby any town board of equalization.

Town taxes for each year on real estate subject to reassessment shall beextended on the basis of the last general reassessment made prior to suchyear subject to such changes as may have been lawfully made. The town taxassessor shall make changes required by new construction, subdivision anddisaster loss. The council of any town may provide by ordinance that it willhave a general reassessment of real estate in the town in the year designatedby the town council and every year thereafter. The town council may declarethe necessity for such general reassessment by such ordinance, but in allother respects this section shall be controlling. No county or districtlevies shall be extended on any assessments made under the provisions of thissection.

Any town which has failed to conduct a general reassessment within five yearsshall use only those assessed values assigned by the county.

(Code 1950, 58-795; 1956, c. 219; 1958, c. 428; 1962, c. 174; 1976, c. 717;1983, c. 304; 1984, c. 675; 2003, c. 1036.)