Chap. 220.—An ACT to amend and re-enact section 437-a of an act entitled an
act to amend and re-enact chapter 23 of the Code of Virginia in relation to
the assessment of lands and lots as the same was amended and re-enacted by
chapter 388 of the acts of assembly of 1902-3-4, approved December 10, 1903,
and to validate assessments and other acts done under the aforesaid act of
assembly, approved March 17, 1906, so that said section shall apply to and
provide for the assessment of standing timber trees.

Approved March 12, 1908.

1. Be it enacted by the general assembly of Virginia, That section
four hundred and thirty-seven-a of an act entitled “an act to amend and
re-enact chapter twenty-three of the Code of Virginia in relation to the
assessment of lands and lots as the same was amended and re-enacted
by chapter three hundred and eighty-eight of the acts of assembly of
nineteen hundred and two, three and four, approved December ten, nine-
teen hundred and three.” Approved March seventeen, nineteen hundred
and six, so that said section shall apply to and provide for the assess-
ment of standing timber trees, so as to read as follows:

§437-a. The several commissioners of the revenue of this State shall,
on or before the fifteenth day of May, nineteen hundred and eight and
each year thereafter, specially and separately assess at the fair market
value all mineral lands and the improvements, fixtures and machinery
thereon, and all standing merchantable timber trees heretofore or here-
after sold and conveyed to parties not owning the surface within their
respective districts, and shall enter the same on the land books of their
respective districts separately from other lands charged thereon, and
shall extend the taxes upon said lands, improvements, fixtures and ma-
chinery, and said standing merchantable timber trees, assessed as afore-
said at the rate fixed by law upon tangible property.

The commissioner, in assessing mineral lands, shall set forth upon
the land book the area and the fair market value thereof, first, of such
portion of each tract as is improved and under development; second, the
fair market value of the improvements, fixtures and machinery upon
each tract ; and third, the area and the fair market value of such portion
of each tract as shall not be under development; and in assessing stand-
ing merchantable trees he shall set forth the fair market value thereof.
Tf the surface of the land is held by one person, and the standing mer-
chantable timber trees, or the coal, iron and other minerals, mineral
waters, gas or oil under the surface be held by another person, the estate
therein of each, and the relative fair market value of their respective
interest, shall be ascertained by the commissioner. If the surface of
the land and the coal, iron and other minerals, mineral water, gas or oil
under the surface be owned by the same person, the commissioner shalt
ascertain the fair market value of the land, exclusive of said coal, iron,
other minerals, mineral waters, gas or oils; and also ascertain in addi-
tion the fair market value of the said coal, iron, other minerals, mineral
waters, gas and oils, and shall assess each at such ascertained values,
stating separately, however, in every case the value of the surface of the
land and the value of the said coal, iron, other minerals, mineral waters,
gas and oils under the surface.

The several commissioners shall, on or before the fifteenth day of
May in every year, certify a copy of such assessments made in their re-
spective districts of mineral lands and mineral rights as aforesaid to
the State corporation commission, with the name and postoffice address
of each person, firm or corporation in whose name any such lands or
interest therein shall have been assessed upon the land book of his dis-
trict with the amount of tax extended thereon. Upon receiving the copy
aforesaid the corporation commission shall examine into the justice of
any such assessments, and if it shall appear to the commission that any
tract of land, or any part thereof, or the improvements, fixtures or ma-
chinery thereon, or any right or interest in the same, or any part thereof,
has not been assessed at its fair market value, the said commission shall
direct the attorney for the Commonwealth for the county or corporation
wherein such land or interest therin so assessed is situated, or any other
special attorney it may designate, to apply in the name of the Com-
monwealth to the circuit court of the county or corporation court of a
city to have said assessment corrected, which court shall have jurisdic-
tion for the purpose.

Any person feeling himself aggrieved by the assessment of his timber
or lands or interest therein hereunder may, at any time prior to the
first day of February next succeeding, apply to the circuit court of the
county or corporation court of the city in which the land lies to have
said assessment corrected. Said application may be made either by mo-
tion in open court or by filing a petition in the clerk’s office of said court,
setting forth the lands or mineral rights on which the assessment com-
plained of is made, praying that said assessment may be corrected; and
the said court, at its next term after the filing of said petition, shall
hear the sgid cause and enter such judgment as to it shall seem proper.
‘The Commonwealth’s attorney and the commissioner of the revenue who
made the assessment shall be made defendants to such petition or mo-
tion, and written notice shall be served upon them at least five days
prior to the day fixed for the hearing of such motion or petition. Con-
tinuances of the hearing of said motions or petitions may be granted
for good cause. The proceedings upon any such application shall con-
form to section four hundred and forty-four of the Code of Virginia,
and all amendments thereof, except so far as in conflict herewith: pro-
vided, that the Commonwealth and the person whose property is as-
sessed shall have the right of appeal from the decision of said circuit
or corporation court to the supreme court of appeals. The said State
corporation commission, for the purpose of this act, may make, or cause
to be made, such examination of the said lands or improvements, fixtures
and machinery thereon as it may deem necessary and may summon and
compel the attendance of witnesses, and call for such information, and
require the production of such books and papers as it may deem neces-
sary in the premises.

2. In view of the fact that the time for the assessment of property
for taxation for the year nineteen hundred and eight, is near at hand,
an emergency is hereby declared to exist for making this act immedi-
ately operative; this act shall therefore be in force from the date of its
passage.