A. Subject to the limitations provided herein, any county, city, or town or public service corporation or other entity whose property is assessed by the State Corporation Commission or the Department of Taxation aggrieved by the Department of Taxation's ascertainment of the applicable local assessment ratio prevailing for such taxing district as specified in subsection A of § 58.1-2604, may petition to the Circuit Court for the City of Richmond for correction of such ratio. Such petition must be filed within three months after the Department of Taxation gives notice of the applicable prevailing local assessment ratios to all counties, cities, towns, and to the Commission pursuant to subsection A of § 58.1-2604. This section shall apply only to counties, cities and towns in which a public service corporation's property represents twenty-five percent or more of the total assessed value of real estate in such county, city or town.
B. Any proceeding maintained under this section shall name the Department of Taxation and the applicable public service corporation, other entity whose property is assessed by the State Corporation Commission or the Department of Taxation, and the county, city or town which is the taxing district, as respondents. The action shall be conducted in accordance with the Rules of the Supreme Court of Virginia applicable to suits in equity, and no trial by jury will be permitted.
C. If the Circuit Court finds the local assessment ratio as ascertained by the Department of Taxation to be erroneous, it shall determine the correct local assessment ratio and shall order the Department of Taxation to adopt the corrected ratio as its prevailing local assessment ratio and provide such corrected ratio to the Commission in accordance with subsection A of § 58.1-2604.
D. If a suit is commenced by any party under this section, the period of time for any county, city, town or public service corporation or other entity whose property is assessed by the State Corporation Commission in which to file a petition with the Commission, pursuant to § 58.1-2670, challenging the ascertainment of, or the assessment for taxation of, the value of any property of any public service corporation assessed by the Commission, shall commence to run on the date of the final order entered by the Circuit Court or, in the event of an appeal, on the date of the final order of the Supreme Court of Virginia.
1993, c. 528.
Structure Code of Virginia
Chapter 26 - Taxation of Public Service Corporations
§ 58.1-2603. Local levies to be extended by commissioners of the revenue; copies; forms
§ 58.1-2604. Assessed valuation
§ 58.1-2606.1. Local taxation for solar photovoltaic projects five megawatts or less
§ 58.1-2607. Local taxation of real and tangible personal property of railroads
§ 58.1-2608. State taxation of railroads, telecommunications companies
§ 58.1-2610. Penalty for failure to file timely report
§ 58.1-2611. Penalty for failure to pay tax
§ 58.1-2626. Annual state license tax on companies furnishing water, heat, light or power
§ 58.1-2626.1. The Virginia Coal Employment and Production Incentive Tax Credit
§ 58.1-2627.1. Taxation of pipeline companies
§ 58.1-2629. License taxes of corporations commencing business
§ 58.1-2630. Gross receipts in cases of acquisition of business
§ 58.1-2631. Gross receipts in cases of consolidation or merger
§ 58.1-2633. Assessment by Commission
§ 58.1-2634. Copies of assessment forwarded to interested parties
§ 58.1-2635. Date of payment of taxes
§ 58.1-2636. Revenue share for solar energy projects and energy storage systems
§ 58.1-2652. State tax on rolling stock; date of payment
§ 58.1-2653. Annual report of railroads and freight car companies
§ 58.1-2654. Annual report of motor vehicle carriers
§ 58.1-2654.1. Penalty for failure to properly file annual reports
§ 58.1-2655. Assessment by Department and Commission
§ 58.1-2656. Valuation of sidetracks, double tracks, etc.
§ 58.1-2657. Copies of assessments to be furnished to taxpayer and local officials
§ 58.1-2658. Distribution of certain taxes collected; prohibition of certain local taxes
§ 58.1-2658.1. Distribution of certain taxes collected
§ 58.1-2659. Article not applicable to companies exempt by federal laws
§ 58.1-2660. Special revenue tax; levy
§ 58.1-2662. Computation of revenue tax on railroads
§ 58.1-2662.1. Gross receipts of telephone and telegraph companies
§ 58.1-2662.2. Gross receipts of companies furnishing water, heat, light or power
§ 58.1-2663. How taxes assessed, collected and paid
§ 58.1-2664. When taxes not to be assessed or assessed only in part
§ 58.1-2665. Use of taxes collected under this article
§ 58.1-2670. Application to Commission or Department for review
§ 58.1-2670.1. Application to court to correct erroneous local assessment ratio
§ 58.1-2671. Setting for hearing and notice to adverse parties
§ 58.1-2672. Review on motion of Commission
§ 58.1-2673. Correction after hearing or investigation; proceedings for enforcement
§ 58.1-2674. Notice to Commonwealth
§ 58.1-2674.1. Application for correction of certification to Department of Taxation
§ 58.1-2675. Appeals to Supreme Court
§ 58.1-2676. Action of Supreme Court thereon
§ 58.1-2680. Reports to include location by districts, etc.
§ 58.1-2681. Copies of assessment for local officials; contents
§ 58.1-2682. District boundaries to be furnished company and Commission