Urgent Letter

A Local Vet Needs Your Attention

To whom it may concern:

My name is Benjamin Lukacek.  I am a 100% disabled Army veteran. 

 I purchased a home here in Pocahontas County in October 2017.  I was told that after living here 2 years I would qualify for a Homestead exemption. 

 I have been trying to get this exemption with no luck and little help from the county assessor’s office.  I was told that I had to PROVE I was living here.  I was told that I could use as evidence Personal property, Voter registration, driver’s license, or proof of employment. 

Now I have a couple of problems.  As a 100% disabled vet, I am unable to work.  This type of proof would seem to me to be discriminatory as only some people have the ability to get it.  To require it and not have an alternative is not fair and unreasonable.

  Also, your representative has told me you will only accept automotive titles and voter registration.  Both of these require the changing of your driver’s license. 

 If there is a problem transferring your license (as I had) these evidences cannot be attained.  Therefore, I am being denied a tax benefit I have earned through no fault of my own.

As I look at WV Code SS 11-6B-3, I see that it states: “Proof of residency includes, but is not limited to, the owner's voter's registration card issued in this state or a motor vehicle registration card issued in this state.”  Now the highlighted part is interesting as it denotes that the minimum accepted evidence is voter and or vehicle registration.  If this is the minimum, where can we find the intent of this regulation?

Well in WV codes SS 11-6B-2 Definitions, we get one answer: “"Owner" means the person who is possessed of the homestead, whether in fee or for life. 

A person seized or entitled in fee subject to a mortgage or deed of trust shall be considered the owner. A person who has an equitable estate of freehold, or is a purchaser of a freehold estate who is in possession before transfer of legal title shall also be considered the owner. 

Personal property mortgaged or pledged shall, for the purpose of taxation, be considered the property of the party in possession.”  So by the codes own definition, a home is personal property and, for purposes of taxation, should be considered as primary evidence of residency.

I now go to the WV DMV.  Acceptable pieces of evidence that you are a resident includes: “WV mortgage documents, WV homeowner insurance documents for a WV residence, or proof of WV home ownership”.  

Again, real property, a mortgage, and personal property insurance, is accepted as proof.

Real property is considered evidence of residency by WV code SS11-6B-3, and by the DMV.  Personal property is also accepted by both. 

 Black’s Law dictionary defines Personal property as:  “The belongings of an individual, generally includes tangible and intangible assets of an individual.”  Which evidence would you prefer in this example, U-Haul receipts and or Personal Property insurance receipts?

If one were to look at welfare, what does the state require before residency is established? 

WV INCOME MAINTENANCE MANUAL chapter 8.2 states in part “An individual remains a resident of the former state until he arrives in West Virginia with the intention of remaining indefinitely. 

Therefore, intent to establish or abandon residency must be known before the state of residence is determined.”  So here we have two parts, first the action of moving; second, the intent of staying.  I can easily prove moving.  I can also show participation in community events over time.  Intent can thus be established.

I have now presented three different state agencies that accept home ownership as evidence of residency, not the least is the definitions statute of your own regulation WV code 11-6B-3.

  I also have Personal property insurance and U-Haul receipts to show an actual move and intent which is also spelled out under personal property in WV code 11-6B-3 as well as the other state agencies above mentioned. 

 I have multiple other evidences to show as are also stated as acceptable in WV code 11-6B-3.  I just need you to decide if what I offered will be acceptable; in the alternative, you may make other suggestions.  

To truly follow the spirit of your code, it is your duty to help me to be successful in this process, not make it difficult or impossible to complete.

Sincerely:

Benjamin C. Lukacek

U.S. Army disabled

Green Bank, West Virginia