58.1-3987 - Action of court.
§ 58.1-3987. Action of court.
If the court is satisfied from the evidence that the assessment is erroneousand that the erroneous assessment was not caused by the wilful failure orrefusal of the applicant to furnish the tax-assessing authority with thenecessary information, as required by law, the court may order that theassessment be corrected and that the applicant be exonerated from the paymentof so much as is erroneously charged, if not already paid. If the tax hasbeen paid, the court shall order that it be refunded to the taxpayer, withinterest at the rate provided by § 58.1-3918 or in the ordinance authorizedby § 58.1-3916, or as otherwise authorized in that section.
If, in the opinion of the court, any property is valued for taxation at morethan fair market value, the court may reduce the assessment to what in itsopinion based on the evidence is the fair market value of the propertyinvolved. If, in the opinion of the court, the assessment be less than fairmarket value, the court shall order it increased to what in its opinion isthe fair market value of the property involved and shall order that theapplicant pay the proper taxes.
For the purpose of reducing or increasing the assessment and adjusting thetaxes the court shall have all the powers and duties of the authority whichmade the assessment complained of, as of the time when such assessment wasmade, and all powers and duties conferred by law upon such authority betweenthe time such assessment was made and the time such application is heard.
(Code 1950, § 58-1148; 1975, c. 257; 1984, c. 675; 1999, c. 631.)