West Virginia Code
Article 13B. Community Improvement Act
§16-13B-11. Construction of Projects; Assessments; Corner Lots, etc.

(a) Each board is hereby empowered and authorized to order and cause to be constructed, within its respective assessment district, any project for the benefit of said assessment district or any part thereof. Upon the completion of a project or any part thereof, (1) the property located within the assessment district abutting on a wastewater or water project or abutting upon that portion of a public way within the assessment district in which such wastewater or water project shall be constructed, or (2) the property protected by the flood relief project, may be charged by the assessment district in which the project is located with all or any part of the cost thereof, including the cost of such wastewater or water project across public ways. No lot or parcel of land abutting any portion of a project which is located outside of an assessment district shall be subject to any assessment unless and until the owner of such lot or parcel receives any services provided by the project, in which event such lot or parcel may be subject to assessment under section twenty of this article.
(b) Assessments made with respect to wastewater or water projects shall be subject to the restrictions set forth in this subsection and subsection (c) of this section. In case of a corner lot, or acreage which has not been divided into lots, frontage which may be assessed shall be measured along the longest dimension thereof abutting on each public way in which a wastewater or water project is constructed, but if the project is constructed on two or more sides then such corner lot, or acreage which has not been divided into lots, shall be charged only with the side on which the project is first completed unless such lot or acreage is two hundred feet or more in depth measured from such first side, in which event the corner lot, or acreage which has not been divided into lots, shall be charged only with the footage in excess of two hundred feet. Any lot, or any acreage which has not been divided into lots, having a depth of two hundred feet or more and abutting on two or more public ways, one on the front and one in the rear of said lot, or said acreage which has not been divided into lots, shall be assessed on both of said public ways, if a project is constructed on both such public ways. Where a corner lot, or any acreage which has not been divided into lots, has been assessed on both ends, it shall not be assessed on the side, and where it has been assessed on the side, it shall not be assessed on either end.
(c) In case of corner lots, or any acreage which has not been divided into lots, where the cost of a wastewater or water project along one dimension is not assessed against the owner thereof, and in the case of lots, or acreage, less than two hundred feet deep abutting at each end on a public way in which a project is completed, the cost of the project along the dimension or end not assessed against the property owner shall in every case be apportioned and assessed against the other property abutting on the public way within the assessment district being improved, in the manner of apportionment of the cost of improvements in intersections.

Structure West Virginia Code

West Virginia Code

Chapter 16. Public Health

Article 13B. Community Improvement Act

§16-13B-1. Short Title

§16-13B-2. Definitions

§16-13B-3. Power and Authority of Counties and Municipalities Relating to Flood Relief, Wastewater and Water Projects

§16-13B-4. Determination of Need and Feasibility of Creating an Assessment District

§16-13B-5. Notice to Property Owners Before Creation of Assessment District and Construction of Project; Form of Notice; Affidavit of Publication

§16-13B-6. Petition of Property Owners for Creation of Assessment District

§16-13B-7. Receipt of Petition of Property Owners; Ordinance or Order Authorizing Creation of Assessment District and Construction of Project

§16-13B-8. Assessment District to Be a Public Corporation and Political Subdivision; Powers Thereof; Community Improvement Boards

§16-13B-9. Provisions for Construction of a Project

§16-13B-10. Notice to Property Owners of Assessments; Hearings, Correcting and Laying Assessments; Report on Project Completion; Permits

§16-13B-11. Construction of Projects; Assessments; Corner Lots, etc.

§16-13B-12. Apportionment and Assessment of Cost

§16-13B-13. Assessment Against Property of Public, Charitable, Eleemosynary, Educational or Religious Institutions; Duty of Those in Charge to Cause Assessments to Be Paid

§16-13B-14. Method of Paying for Cost of Project; How Assessments May Be Evidenced

§16-13B-15. Assessment Certificates; Assignments; Designation of Registrar for Assessment Certificates

§16-13B-16. No Liability of State, County, Municipality and Assessment District

§16-13B-17. Payment of Assessment Fees; Releases

§16-13B-18. Liens; Recording Notice of Liens; Suit for Enforcement; Priority

§16-13B-19. Reassessment for Void, Irregular or Omitted Assessments

§16-13B-20. How Additional Territory May Be Added to Assessment District

§16-13B-21. Operation and Maintenance of Wastewater and Water Projects; Rates and Charges Therefor

§16-13B-22. Liberal Construction