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West Virginia authorizes municipalities to recover property demolition costs through special tax assessments

Original title: Relating to authorizing municipalities to adopt an ordinance to recover demolition costs as special tax assessments

Last action · March 5, 2026: To JudiciarySponsors: Flanigan and 10 others

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Proposed

West Virginia municipalities are authorized to adopt ordinances that recover the reasonable costs of repairing, altering, improving, or demolishing unsafe buildings by placing special tax assessments on the real property. The measure establishes detailed notice and contest procedures for property owners, allows installment payment plans, and provides municipal courts with authority for salvageable structures.

Why it matters

Property owners face direct financial liability for municipal building demolition or repair costs through s tied to their property taxes, while municipalities gain an expanded legal mechanism to recover taxpayer funds spent on abating unsafe structures.

Background
  • West Virginia municipalities regulate unsafe structures under state code provisions that dictate procedures for inspections, owner notification, and corrective actions. context

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

Property owners

Property owners face potential cost recovery actions, special tax assessments, receivership proceedings, or demolition of structures deemed unsafe or unsanitary.

Directly affected

Municipalities

Municipalities gain broad authority to adopt ordinances regulating unsafe structures, recover abatement costs through special tax assessments, and enter into memorandums of understanding with county commissions.

Directly affected

County tax officials

County tax officials are responsible for entering certified special assessments onto land books and collecting them alongside ad valorem real property taxes.

Key Facts

  • Municipalities are granted plenary power to adopt ordinances requiring property owners to pay for the repair, alteration, improvement, vacating, closing, removal, or demolition of unsafe or unsanitary structures.
  • Reasonable and necessary costs incurred by a municipality for building remediation or demolition may constitute a special assessment against the real property.
  • Prior to imposing a special assessment, the municipality must provide written notice to the owner of record by certified mail or posting, detailing the work performed and proposed assessment amount.
  • Property owners are given an opportunity to contest proposed assessments before a municipal judge or official within 30 days of notice.
Show all 10 facts
  • Certified special assessments are entered on county land books and collected in the same manner and with the same priority, interest, and penalties as ad valorem real property taxes.
  • Municipalities may authorize the payment of special assessments in installments under general terms established by the governing body.
  • Special assessments imposed under this specific subsection are governed exclusively by this section and are exempt from the provisions of §8-18-1 et seq.
  • Municipal courts are authorized to place salvageable structures into receivership with the municipality or another capable entity if specific safety and entry conditions are met.
  • Municipalities may seek the aid of a county commission through a memorandum of understanding to destroy or demolish certain dilapidated structures.
  • Administrative search warrants from municipal or magistrate courts may be obtained if code enforcement officials are refused entry or owners cannot be located after reasonable inquiry.

Frequently Asked Questions

How are property owners notified before a municipality performs demolition or imposes a special assessment?
The municipality must provide written notice sent by certified mail with return receipt requested to the owner's last known address on the land books, or via posting on the property, detailing the property description, performed work, proposed assessment amount, and procedures to contest it.
Can property owners pay special assessments in installments?
Yes, a municipality may pass an ordinance authorizing the payment of s in installments under general terms established by the governing body, allowing local officials to apply and adjust installment schedules.
What happens if a property owner does not respond to a notice of unsafe building conditions?
If there is no response from the owner or landowner within the time specified in the notice, the municipality may proceed with the correction or demolition of the subject structure.

What else do you want to know?

News Coverage

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Where This Stands

This bill did not become law - Died at adjournment · passed the House · in Senate committee.

Procedural history

17 actions
  1. Mar 5, 2026SenateCommittee
    To Judiciary
  2. Mar 5, 2026SenateCommittee
    To Judiciary
  3. Mar 5, 2026SenateIntroduced
    Introduced in Senate
  4. Mar 4, 2026House
    Communicated to Senate
  5. Mar 4, 2026HouseFloor
    Passed House (Roll No. 291)
  6. Mar 4, 2026House
    Read 3rd time
Show 11 earlier actions
  1. Mar 4, 2026House
    On 3rd reading, Special Calendar
  2. Mar 3, 2026House
    Read 2nd time
  3. Mar 3, 2026House
    On 2nd reading, Special Calendar
  4. Mar 2, 2026House
    Read 1st time
  5. Mar 2, 2026House
    Immediate consideration
  6. Mar 2, 2026House
    By substitute, do pass
  7. Jan 30, 2026HouseCommittee
    To House Local Governments
  8. Jan 29, 2026HouseCommittee
    To House Government Organization
  9. Jan 29, 2026HouseIntroduced
    Introduced in House
  10. Jan 29, 2026HouseCommittee
    To Government Organization
  11. Jan 29, 2026HouseIntroduced
    Filed for introduction

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

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Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Connected Entities

Dana Ferrell, Bill Roop, Jeff Stephens and 10 more
PersonDana Ferrell“Cosponsor of House Bill 4977”Map →
PersonBill Roop“Cosponsor of House Bill 4977”Map →
PersonJeff Stephens“Cosponsor of House Bill 4977”Map →
PersonMatthew Rohrbach“Cosponsor of House Bill 4977”Map →
PersonJ.B. Akers“Cosponsor of House Bill 4977”Map →
OrganizationState Fire Marshal“Makes determinations regarding dwellings or buildings”Map →
PersonAndy Shamblin“Cosponsor of House Bill 4977”Map →
PersonFlanigan“Lead sponsor of House Bill 4977”Map →
OrganizationState Fire Commission“Promulgates rules for municipal enforcement agencies”Map →
PersonPhil Mallow“Cosponsor of House Bill 4977”Map →
PersonPritt“Cosponsor of House Bill 4977”Map →
PersonChris Phillips“Cosponsor of House Bill 4977”Map →
PersonRobbie Martin“Cosponsor of House Bill 4977”Map →

Sources

Open source document

www.wvlegislature.gov

Analysis Score

0–100
  • Significance20
    Lowered because this bill did not pass (its text scored 75)
  • Controversy40
    Intensity of disagreement among stakeholders
  • Entertainment10
    Compellingness for a non-policy-wonk reader
  • Buzz30
    Current news / social attention level

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