(a) No development or redevelopment district may be in existence for a period longer than thirty years and no tax increment financing obligations may have a final maturity date later than the termination date of the area or district: Provided, That, for any existing development or redevelopment district for which tax increment financing obligations have been issued by a county commission, or the governing body of a municipality, prior to December 31, 2020, the termination date for that existing development or redevelopment district may be extended not more than five years or until December 31, 2050, whichever is earlier.
(b) The county commission or governing body of the municipality creating the development or redevelopment district may set a shorter period for the existence of the district. In this event, no tax increment financing obligations may have a final maturity date later than the termination date of the district. The county commission or the governing body of the municipality which created the development or redevelopment district may not take action to terminate a district prior to the time otherwise provided in its official action creating or extending the district if the county commission or the governing body of the municipality then has tax increment revenue obligations which remain outstanding and unpaid.
(c) Upon termination of the district, no further ad valorem tax revenues shall be distributed to the tax increment financing fund of the district.
(d) The county commission shall adopt, upon the expiration of the time periods set forth in this section, an order terminating the development or redevelopment district created by the county commission: Provided, That no district shall be terminated so long as bonds with respect to the district remain outstanding.
(e) The governing body of the municipality shall repeal, upon the expiration of the time periods set forth in this section, the ordinance establishing the development or redevelopment district: Provided, That no district shall be terminated so long as bonds with respect to the district remain outstanding.
Structure West Virginia Code
Chapter 7. County Commissions and Officers
Article 11B. West Virginia Tax Increment Financing Act
§7-11B-2. Findings and Legislative Purpose
§7-11B-6. Application for Development or Redevelopment Plan
§7-11B-7. Creation of a Development or Redevelopment Area or District
§7-11B-8. Project Plan — Approval
§7-11B-9. Project Plan Amendment
§7-11B-10. Termination of Development or Redevelopment District
§7-11B-11. Costs of Formation of Development or Redevelopment District
§7-11B-12. Overlapping Districts Prohibited,
§7-11B-13. Conflicts of Interest; Required Disclosures and Abstention
§7-11B-16. Valuation of Real Property
§7-11B-17. Division of Ad Valorem Real Property Tax Revenue
§7-11B-18. Payments in Lieu of Taxes and Other Revenues
§7-11B-19. Tax Increment Obligations Generally
§7-11B-20. Tax Increment Financing Obligations -- Authority to Issue
§7-11B-21. Tax Increment Financing Obligations -- Authorizing Order or Ordinance
§7-11B-22. Tax Increment Financing Obligations Terms, Conditions
§7-11B-23. Tax Increment Financing Obligations -– Security -– Marketability
§7-11B-24. Tax Increment Financing Obligations -- Special Fund for Repayment
§7-11B-25. Tax Increment Financing Obligations – Tax Exemption