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SB649Introduced in the Senate

Real property tax; special assessment on basis of use, notice requirements.

Passed

Introduced by Mark Obenshain, District 2

What does this bill do?

Plain-English breakdown

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Official description

Real property tax; special assessment for land use; notice requirements; civil penalty. Establishes notice requirements for the sale of real estate that is valued, assessed, and taxed by a locality under a special assessment on the basis of use. The bill directs the Department of Taxation to create a written notice that may be provided to the purchaser of real estate in a land use program. The notice must include disclosures regarding the special classification of the real estate and liability for roll-back taxes if a change in use occurs. The bill also requires settlement agents to provide this written notice to purchasers of real estate in a land use program and to obtain the purchaser's written acknowledgement of receipt of the notice. The willful failure of a settlement agent to provide the notice and obtain the written acknowledgement will subject the settlement agent to a civil penalty in an amount not exceeding $250. The bill directs the Real Estate Board to include in the residential property disclosure statement on its website a statement that the owner makes no representations or warranties with respect to whether the property is located in a locality that has adopted a land-use plan that may provide use value assessment and taxation for certain real estate and that advises purchasers to exercise due diligence to determine whether the property may be subject to roll-back taxes and interest for taxation on the basis of a use assessment and the liability for additional taxes and penalties that may attach if a change in use occurs. Finally, the bill has a delayed effective date of January 1, 2027.

Where it stands

Acts of Assembly Chapter text (CHAP0309)

April 6, 2026

How did lawmakers vote?

House of Delegates votes

2 recorded votes · each counted separately

Senate votes

3 recorded votes · each counted separately

House of DelegatesStage: Passed House with amendment (97-Y 0-N 0-A) · February 23, 2026

97

Yes

0

No

2

Absent or Not Voting

99 delegates recorded in this House of Delegates vote. Colors show vote categories only, not whether a vote was good or bad.

See how each delegate voted

Bill history

  1. Prefiled and ordered printed; Offered 01-14-2026 26104707D

  2. Referred to Committee on Finance and Appropriations

  3. Fiscal Impact statement From TAX (1/26/2026 10:34 pm)

  4. Reported from Finance and Appropriations (14-Y 0-N)

  5. Rules suspended

  6. Constitutional reading dispensed Block Vote (on 1st reading) (40-Y 0-N 0-A)

  7. Passed by for the day Block Vote (Voice Vote)

  8. Passed by for the day

  9. Read second time

  10. Floor offered Senator Obenshain Substitute

  11. Reading of substitute waived (Voice Vote)

  12. Senator Obenshain Substitute agreed to

  13. Engrossed by Senate Block Vote (Voice Vote)

  14. Engrossed by Senate - floor substitute

  15. Read third time and passed Senate (38-Y 0-N 0-A)

  16. Placed on Calendar

  17. Read first time

  18. Referred to Committee on Finance

  19. Fiscal Impact statement From TAX (2/18/2026 7:43 am)

  20. House committee offered

  21. Reported from Finance with amendment(s) (21-Y 0-N)

  22. Read second time

  23. Read third time

  24. committee amendment agreed to

  25. Engrossed by House as amended

  26. Passed House with amendment (97-Y 0-N 0-A)

  27. House amendment agreed to by Senate (40-Y 0-N 0-A)

  28. Enrolled

  29. Bill text as passed Senate and House (SB649ER)

  30. Signed by Speaker

  31. Signed by President

  32. Enrolled Bill communicated to Governor on March 10, 2026

  33. Governor's Action Deadline 11:59 p.m., April 13, 2026

  34. Fiscal Impact statement From TAX (3/23/2026 10:20 am)

  35. Approved by Governor-Chapter 309 (effective 1/1/2027)

  36. Acts of Assembly Chapter text (CHAP0309)

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