10.1-626 - Levy of tax or service charge; when district in two or more counties or cities; landbooks certified to treasurers.
§ 10.1-626. Levy of tax or service charge; when district in two or morecounties or cities; landbooks certified to treasurers.
A. On or before March 1 of each year, the trustees of the watershedimprovement district shall make an estimate of the amount of money they deemnecessary to be raised for the year in such district (i) for operatingexpenses and interest payments and (ii) for amortization of debt, and, afterapproval by the directors of the soil and water conservation district ordistricts, and the Virginia Soil and Water Conservation Board, shallestablish the tax rate or service charge rate necessary to raise such amountof money. The tax rate or service charge rate to be applied against theamount determined under subsection C or D of this section shall be determinedbefore the date fixed by law for the determination of the general levy by thegoverning body of the counties or cities in which the district is situated.
B. The trustees of a watershed improvement district which imposes a tax onreal estate or a service charge based on the increase in the fair marketvalue of real estate caused by the district's project shall make up alandbook of all properties subject to the watershed improvement district taxor service charge on forms similar to those used by the county or cityaffected.
A separate landbook shall be made for each county or city if the district islocated in more than one county or city. The landbook or landbooks of allproperties subject to the district tax or the service charge, along with thetax rate or service charge rate fixed by the governing body of the districtfor that year, shall be certified to the appropriate county or city treasureror treasurers, and filed in the clerk's office of such locality orlocalities, by the governing body of the watershed improvement district on orbefore the day the county or city landbook is required to be so certified.Such landbook or landbooks shall be subject to the same retentionrequirements as the county or city landbook.
C. For tax purposes under this article, the assessed valuation of all realestate located in a watershed improvement district shall be the same fairmarket valuation that appears in the most recent landbook for the county,city, or town wherein the subject property is located. However, in awatershed improvement district which is located in two or more counties orcities and in which there is a disparity of assessed valuations between thecounties or cities, the governing body of the watershed improvement districtmay petition the judge or judges of the circuit courts in which the districtis located to appoint one or more persons to assess all of the real estate inthe district. The compensation of such person or persons shall be prescribedby the governing body of the district and paid out of the funds of thedistrict.
D. In districts authorized to impose a service charge, the service chargeshall be based on the initial increase in fair market value resulting from aproject. In order to determine the initial increase in fair market value, thetrustees shall subtract the fair market value of each parcel without theproject, as shown in the landbook for the year immediately preceding the yearin which the project was begun from the fair market value of the parcelfollowing completion of the project. The fair market value of each parcelwith the project shall be determined by the district directors in areasonable manner. The values so determined shall be the values against whichthe service charge rate is imposed so long as any bonds remain outstanding,and thereafter unless a change is approved by the district directors. If anadditional improvement is made while any bonds are outstanding, the districtdirectors may cause a new increase in fair market values to be computed toreflect such improvement. However, while any bonds are outstanding, suchnewly computed values shall not be used unless the total new increase in fairmarket values in the district is equal to or greater than the previouslydetermined increase in fair market values. Within thirty days afterdetermining the increase in fair market value for all real estate in thewatershed improvement district resulting from the project, the trustees shallmail a notice of such determination to the owner of record of each parcel inthe district.
E. The assessments and determinations of increase in fair market value madeunder the provisions of this section may be used only for the watershedimprovement district tax or service charge and shall in no way affect anycounty or city assessment or levies.
F. Any person, firm, or corporation aggrieved by any determination ofincreased value made under any provision of this article shall apply inwriting to the trustees of the watershed improvement district within sixtydays after the mailing of the notice required in subsection D of thissection. Such application shall specify the increased value in the opinion ofthe applicant and the basis for such opinion. The trustees shall rule on allsuch applications within 120 days after mailing the notice required insubsection D of this section. If any applicant remains aggrieved by thedetermination of increased value after such a ruling, he may apply to thecircuit court of the county or city wherein the land is situated for acorrection of such determination of increased value, within the time limitsand following the procedures set out in Article 5 (§ 58.1-3980 et seq.) ofChapter 39 of Title 58.1.
G. The provisions of this section shall not be used to change the method ofreal estate assessment in any watershed improvement district establishedprior to January 1, 1976.
(1981, c. 156, § 21-112.12:1; 1988, c. 891.)