                                 CODE OF VIRGINIA

REFERENDUM FOR ESTABLISHMENT OF DEPARTMENT OF REAL ESTATE ASSESSMENTS; BOARD OF
EQUALIZATION; GENERAL REASSESSMENTS IN COUNTY WHERE DEPARTMENT ESTABLISHED (§
15.2-716)

A referendum may be initiated by a petition signed by 200 or more qualified
voters of the county filed with the circuit court, asking that a referendum be
held on the question of whether the county shall have a department of real
estate assessments. The court shall on or before August 1 enter of record an
order requiring the county election officials to open the polls at the regular
election to be held in November of such year on the question stated in such
order. If the petition seeks the holding of a special election on the question,
then the petition hereinabove referred to shall be signed by 1,000 or more
qualified voters of the county and the court shall within fifteen days of the
date such petition is filed enter an order, in accordance with § 24.2-684,
requiring the election officials to open the polls on a date fixed in the order
and take the sense of the qualified voters of the county. The clerk of the
county shall cause a notice of such election to be published three times in a
newspaper having general circulation in the county, with the first notice
appearing no more than 35 days before and the third notice appearing no less
than seven days before the date on which the referendum is held, and shall post
a copy of such notice at the door of the county courthouse.
		If a majority of the voters voting in the referendum vote for the
establishment of a department of real estate assessments, the board shall by
ordinance establish such department, provide for the compensation of the
department head and employees therein, and decide such other matters in relation
to the powers and duties of the department, the department head and the
employees, as the board deems proper. As used in this section the term
&#8220;department&#8221; refers to the department of real estate assessments and
where proper the department head thereof.
		Upon the establishment of the department, the county manager shall select the
head thereof and provide for such employees and assistants as required. Such
department shall be vested with the powers and duties conferred or imposed upon
commissioners of the revenue by general law to the extent that such duties and
powers are consistent with this section, in relation to the assessment of real
estate. All real estate shall be assessed at its fair market value as of January
1 of each year by the department and taxes for each year on such real estate
shall be entered on the land book by the department in the name of the owner
thereof. Whenever any such assessment is increased over the last assessment made
prior to such year, the department shall give written notice to the owner of
such real estate or of any interest therein, by mailing such notice to the last
known post-office address of such owner. However, the validity of such
assessment shall not be affected by any failure to receive such notice.
		If a department of real estate assessments is appointed as above provided, a
board of equalization of real estate assessments shall be appointed pursuant to
§ 15.2-716.1. Any person aggrieved by any assessment made under the provisions
of this section may apply for relief to such board as therein provided.
		When a department of real estate assessments is appointed, the county shall
not be required to undertake general reassessments of real estate every six
years, but the governing body of the county may, but shall not be required to,
request the circuit court of such county to order a general reassessment at such
times as the governing body deems proper. Such court shall then enter an order
directing a reassessment of real estate in the manner provided by law.
		The department of real estate assessments may require that the owners of
income-producing real estate in the county subject to local taxation, except
property producing income solely from the rental of no more than four dwelling
units, furnish to the department on or before a time specified by the director
of the department statements of the income and expenses attributable over a
specified period of time to each such parcel of real estate. If there is a
willful failure to furnish statements of income and expenses in a timely manner
to the director, the owner of such parcel of real estate shall be deemed to have
waived his right in any proceeding contesting the assessment to utilize such
income and expenses as evidence of fair market value. Each such statement shall
be certified as to its accuracy by an owner of the real estate for which the
statement is furnished, or a duly authorized agent thereof. Any statement
required by this section shall be kept confidential as required by § 58.1-3.

HISTORY: Code 1950, § 15-354.1; 1952, c. 611; 1962, c. 623, § 15.1-686; 1973,
c. 274; 1975, c. 517; 1978, c. 460; 1979, c. 158; 1983, c. 364; 1997, c. 587;
2010, cc. 154, 199; 2017, c. 435; 2023, cc. 506, 507; 2024, cc. 225, 242.