Chap. 231.—An ACT to amend and re-enact Section 275 of the Tax Code of Vir-
ginia, as heretofore amended, relating to the assessment of mineral lands.

[H 324]
Approved March 15, 1944

Be it enacted by the General Assembly of Virginia:

1. That section two hundred and seventy-five of the Tax Code of
Virginia, as heretofore amended, be amended and re-enacted so as to
read as follows:

Section 275. Mineral lands to be specially and separately assessed
annually by the commissioners of the revenue.—The several commis-
sioners of the revenue shall, as soon as practicable after the first day
of January of each year, specially and separately assess at the fair market
value all mineral lands and the improvements thereon, and shall enter
the same on the land books of their respective counties separately from
other lands charged thereon.

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 upon each tract; and third, the
area and the fair market value of such portion of each tract as shall not
be under development.

If the surface of the land is held by one person, and 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 interests, shall be ascertained by the commis-
sioner. 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 shall ascertain the fair market value of the land, ex-
clusive of said coal, iron, other minerals, mineral waters, gas or oils;
and also ascertain in addition 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.

Each commissioner shall, on or before the fifteenth day of May in
every year, certify to the board of supervisors of his county a copy of
such assessments made in his county of mineral lands, with the name
and post office address of each person, firm or corporation in whose name
any such lands, or interests therein, shall have been assessed upon the
land book of his county, with the amount of tax assessed thereon. Upon
receiving the aforesaid copy, which shall be open to public inspection, the
board of supervisors of the county in which the said lands are situated,
shall examine into the justice of such assessments, and if it shall appear
to the board of supervisors that the assessment of any tract of land, or
any part thereof, or the improvements thereon, or any right or interest
in the same, or any part thereof, is out of line with the assessments
against other real estate in the county, the said board of supervisors
shall direct the Attorney for the Commonwealth for the county wherein
such lands or interest therein so assessed is situated, or any other at-
torney it may designate and employ, to apply in the name of the said
board of supervisors to the circuit court of the county to have such
assessment or assessments corrected, which court shall have jurisdiction
for the purpose.

Any owner or owners of such mineral lands affected shall have the
like right to apply to the Circuit Court of the county where such land
is located to correct any injustice which the owner or owners may allege
and prove as to the said assessments, and said court may increase or
reduce such assessments as justice may demand. Said application may
be made by filing a petition, within sixty days from the filing of a copy
of such assessments with the board of supervisors, in the clerk’s office
of the said circuit court setting forth the lands on which the assessment
or assessments complained of are made and praying that said assessment
or assessments may be corrected, to which petition the owner or owners
of the said lands, or the commissioner of the revenue for said county
and the board of supervisors of the said county, where said assessments
were made, as the case may be, shall be made parties defendants; and
the said court shall hear the said cause and if it shall be of the opinion
that the assessment or assessments complained of are out of line with
the assessments against other real estate in the county, it shall correct
the same so as to equalize the assessment or assessments complained of
with the assessments of other real estate in the county. The said board
of supervisors and the owner or owners whose property is assessed shall
have the right of appeal from the decision of said circuit court to the
Supreme Court of Appeals.

This act shall be in effect on and after the first day of January, nine-
teen hundred forty-five.

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