Any county, city or town which has adopted a land-use plan may adopt an ordinance to provide for the use value assessment and taxation, in accord with the provisions of this article, of real estate classified in § 58.1-3230. The local governing body pursuant to § 58.1-3237.1 may provide in the ordinance that property located in specified zoning districts shall not be eligible for special assessment as provided in this article. However, real estate that is being provided use value assessment and taxation shall not be denied such use value assessment and taxation solely because of its location in a newly created zoning district that was not requested by the real estate owner. The provisions of this article shall not be applicable in any county, city or town for any year unless such an ordinance is adopted by the governing body thereof not later than June 30 of the year previous to the year when such taxes are first assessed and levied under this article, or December 31 of such year for localities which have adopted a fiscal year assessment date of July 1, under Chapter 30 (§ 58.1-3000 et seq.) of this subtitle. The provisions of this article also shall not apply to the assessment of any real estate assessable pursuant to law by a central state agency.
Land used in agricultural and forestal production within an agricultural district, a forestal district or an agricultural and forestal district that has been established under Chapter 43 (§ 15.2-4300 et seq.) of Title 15.2, shall be eligible for the use value assessment and taxation whether or not a local land-use plan or local ordinance pursuant to this section has been adopted.
Such ordinance shall provide for the assessment and taxation in accordance with the provisions of this article of any or all of the four classes of real estate set forth in § 58.1-3230. If the uniform standards prescribed by the Commissioner of Agriculture and Consumer Services pursuant to § 58.1-3230 require real estate to have been used for a particular purpose for a minimum length of time before qualifying as real estate devoted to agricultural use or horticultural use, then such ordinance may waive such prior use requirement for real estate devoted to the production of agricultural and horticultural crops that require more than two years from initial planting until commercially feasible harvesting. If the uniform standards prescribed by the Commissioner of Agriculture and Consumer Services pursuant to § 58.1-3230 require real estate to have been used for a particular purpose for a minimum length of time before qualifying as real estate devoted to agricultural use or horticultural use, then (i) use of other similar property by a lessee of the owner shall be included in calculating such time and (ii) the Commissioner of Agriculture and Consumer Services shall include in the uniform standards a shorter minimum length of time for real estate with no prior qualifying use, provided that the owner submits a written document of the owner's intent regarding use of the real estate containing elements set out in the uniform standards. Localities are not required to maintain such written document.
Such ordinance may provide that the annual increase in the assessed value of property within the classes of real estate set forth in § 58.1-3230 shall not exceed a dollar amount per acre specified in the ordinance.
In addition to but not to replace any other requirements of a land-use plan such ordinance may provide that the special assessment and taxation be established on a sliding scale which establishes a lower assessment for property held for longer periods of time within the classes of real estate set forth in § 58.1-3230. Any such sliding scale shall be set forth in the ordinance.
Notwithstanding any other provision of law, the governing body of any county, city or town shall be authorized to direct a general reassessment of real estate in the year following adoption of an ordinance pursuant to this article.
Code 1950, § 58-769.6; 1971, Ex. Sess., c. 172; 1973, c. 209; 1974, c. 34; 1975, c. 233; 1977, c. 681; 1978, c. 250; 1984, cc. 92, 675; 1987, c. 628; 1988, c. 695; 1999, c. 1026; 2000, c. 410; 2001, c. 705; 2018, c. 504; 2019, c. 22.
Structure Code of Virginia
Chapter 32 - Real Property Tax
§ 58.1-3200. Real estate subject to local taxation; taxable real estate defined; leaseholds
§ 58.1-3201. What real estate to be taxed; amount of assessment; public service corporation property
§ 58.1-3202. Taxation of certain multi-unit real estate
§ 58.1-3203. Taxation of certain leasehold interests; concessions
§ 58.1-3210. Exemption or deferral of taxes on property of certain elderly and handicapped persons
§ 58.1-3211.1. Prorated tax exemption or deferral of tax
§ 58.1-3212. Local restrictions and exemptions
§ 58.1-3213. Application for exemption
§ 58.1-3214. Absence from residence
§ 58.1-3215. Effective date; change in circumstances
§ 58.1-3216. Deferral programs; taxes to be lien on property
§ 58.1-3217. Permanently and totally disabled defined
§ 58.1-3219. Deferral of portion of real estate tax increases
§ 58.1-3219.1. Conditions of deferral; payment of deferred amounts
§ 58.1-3219.5. Exemption from taxes on property for disabled veterans
§ 58.1-3219.6. Application for exemption
§ 58.1-3219.7. Commissioner of the Department of Veterans Services; rules and regulations; appeal
§ 58.1-3219.8. Absence from residence
§ 58.1-3219.10. Application for exemption
§ 58.1-3219.11. Commissioner of the Department of Veterans Services; rules and regulations
§ 58.1-3219.12. Absence from residence
§ 58.1-3219.15. Application for exemption
§ 58.1-3219.16. Absence from residence
§ 58.1-3221.1. Classification of land and improvements for tax purposes
§ 58.1-3221.2. Classification of certain energy-efficient buildings for tax purposes
§ 58.1-3221.5. Classification of certain historical buildings for tax purposes
§ 58.1-3221.6. Classification of blighted and derelict properties in certain localities
§ 58.1-3222. Abatement of levies on buildings razed, destroyed or damaged by fortuitous happenings
§ 58.1-3223. Taxation of life tenant's interest when remainder held by United States
§ 58.1-3224. Apportionment of city taxes when part of real estate becomes separately owned
§ 58.1-3225. Apportionment of taxes, etc., on partition
§ 58.1-3226. Procedure for such apportionment
§ 58.1-3226.1. Release of lien on portion of real estate upon payment of taxes
§ 58.1-3227. Proration of delinquent taxes after purchase of part of tract
§ 58.1-3228. Release of delinquent tax lien to facilitate a conveyance of real property
§ 58.1-3228.1. Partial exemption from real property taxes for flood mitigation efforts
§ 58.1-3228.2. Classification of real property owned by certain surviving spouses for tax purposes
§ 58.1-3230. Special classifications of real estate established and defined
§ 58.1-3235. Removal of parcels from program if taxes delinquent
§ 58.1-3236. Valuation of real estate under ordinance
§ 58.1-3237. Change in use or zoning of real estate assessed under ordinance; roll-back taxes
§ 58.1-3238. Failure to report change in use; misstatements in applications
§ 58.1-3242. Taking of real estate assessed under ordinance by right of eminent domain
§ 58.1-3242.1. Forest Sustainability Fund
§ 58.1-3243. Application of other provisions of Title 58.1
§ 58.1-3244. Article not in conflict with requirements for preparation and use of true values
§ 58.1-3245.1. Blighted areas constitute public danger
§ 58.1-3245.2. Tax increment financing
§ 58.1-3245.4. Issuance of obligations for project costs
§ 58.1-3245.4:1. No annual debt limits for certain cities
§ 58.1-3245.5. Dissolving the Tax Increment Financing Fund
§ 58.1-3245.7. Promotion of development of local enterprise zones
§ 58.1-3245.8. Adoption of local enterprise zone development taxation program
§ 58.1-3245.10. Use of funds deposited in the Local Enterprise Zone Development Fund
§ 58.1-3245.11. Dissolving the Local Enterprise Zone Development Fund
§ 58.1-3245.12. Local enterprise zone program for technology, defense, or green development zones
§ 58.1-3250. General reassessment in cities
§ 58.1-3251. Annual assessment and reassessment in cities having not more than 30,000 population
§ 58.1-3253. Biennial general reassessments; annual or biennial assessment
§ 58.1-3254. Reassessment by direction of governing body
§ 58.1-3255. General reassessment every four years not required in certain counties
§ 58.1-3256. Reassessment in towns; appeals of assessments
§ 58.1-3257. Completion of work; extensions
§ 58.1-3258.2. Grounds for denial or revocation of certification
§ 58.1-3259. Failure of county or city to comply with law on general reassessment of real estate
§ 58.1-3261. Annual assessment of real estate in certain other cities and counties
§ 58.1-3270. Annual or biennial assessment and equalization by commissioner of revenue
§ 58.1-3272. How assessments made by board or assessor
§ 58.1-3274. Establishment of department of real estate assessment; joint departments
§ 58.1-3275. By whom reassessment made in cities and counties
§ 58.1-3276. Qualifications of assessors and appraisers; removal and appointment of substitute
§ 58.1-3277. Forms for general reassessment of real estate in counties, cities and towns
§ 58.1-3278. Department to render assistance
§ 58.1-3280. Assessment of values
§ 58.1-3281. When commissioner of the revenue to ascertain ownership of real estate; tax year
§ 58.1-3282. When land and improvements owned separately; how assessed
§ 58.1-3283. Assessment of airspace owned separately from subjacent land surface
§ 58.1-3284.1. Assessment of lots and open spaces in certain planned development subdivisions
§ 58.1-3284.2. Reassessment of residential property containing defective drywall
§ 58.1-3284.3. Wetlands to be specially and separately assessed
§ 58.1-3285. Assessment and reassessment of lots when subdivided or rezoned
§ 58.1-3286. Mineral lands to be specially and separately assessed; severance tax
§ 58.1-3287. Mineral lands and minerals to be included in general reassessment of real estate
§ 58.1-3288. Assessment in name of "unknown owner."
§ 58.1-3290. How land divided among several owners to be assessed
§ 58.1-3291. Valuation of repairs, additions and new buildings
§ 58.1-3293. Building, etc., when damaged or destroyed, value to be reduced
§ 58.1-3295. Assessment of real property; affordable housing
§ 58.1-3295.1. Assessment of real property; residential rental apartments
§ 58.1-3295.3. Assessment of real property; data centers
§ 58.1-3301. Form of land book
§ 58.1-3302. What the table of town or city lots to contain
§ 58.1-3304. Lists of judgments for partition or recovery of lands and of lands devised
§ 58.1-3305. Penalty on clerks for failure to deliver such lists
§ 58.1-3306. Librarian of Virginia to furnish abstracts of grants
§ 58.1-3308. Commissioner to enter lands appearing on abstracts and assess their value
§ 58.1-3311. Land book not to be altered after delivery to local treasurer
§ 58.1-3312. Changes to be noted in land book by commissioner in making it out
§ 58.1-3313. Commissioners to correct mistakes in their land books
§ 58.1-3314. Transfer and entry fees
§ 58.1-3315. Collection of fees
§ 58.1-3320. Taxes to be extended on basis of assessment
§ 58.1-3321. Effect on rate when assessment results in tax increase; public hearings; referendum
§ 58.1-3330. Notice of change in assessment
§ 58.1-3331. Public disclosure of certain assessment records
§ 58.1-3332. Property appraisal cards or sheets
§ 58.1-3342. Assessment upon owner's death; liability of personalty for tax
§ 58.1-3343. Effect of lien on certain real estate jointly owned
§ 58.1-3344. Taxes a lien on fee simple estate, not merely on interest of owner
§ 58.1-3345. Tax liens on timber in certain counties
§ 58.1-3350. Review of assessment
§ 58.1-3351. How assessed value changed; improvements; correction by court or board of equalization
§ 58.1-3352. When lands in one place are assessed in another; how error corrected
§ 58.1-3353. Assessment not invalid unless rights prejudiced by error
§ 58.1-3354. Change when easement acquired
§ 58.1-3360.2. Proration by court; effect on interest and penalties
§ 58.1-3361. Clerk to furnish lists of such lands
§ 58.1-3362. Refund of taxes paid; effect on penalties and interest
§ 58.1-3363. Recovery of taxes paid while contesting condemnation
§ 58.1-3371. Appointment in counties with county executive or county manager form of government
§ 58.1-3373. Permanent board of equalization
§ 58.1-3373.1. City may elect to provide for board of equalization
§ 58.1-3374. Qualifications of members; vacancies
§ 58.1-3375. Compensation of members
§ 58.1-3376. Organization and assistants; legal assistance
§ 58.1-3377. Use of land books
§ 58.1-3378. Sittings; notices thereof
§ 58.1-3379. Hearing complaints and equalizing assessments
§ 58.1-3380. Taxpayer or local authorities may apply for equalization
§ 58.1-3381. Action of board; notice required before increase made
§ 58.1-3383. Omitted real estate and duplicate assessments
§ 58.1-3384. Minutes and copies of orders
§ 58.1-3385. Commissioner to make changes ordered; when order exonerates taxpayer
§ 58.1-3386. Power of boards to send for persons and papers