Great A&P Tea Co. v. Davis
In Great A&P Tea Co. v. Davis, 167 W.Va. 53, 278 S.E.2d 352 (1981), the Court recognized that "it would appear from the statutory scheme chapter eleven, articles three, five that a separate leasehold is taxable if it has a separate and independent value from the freehold." 167 W.Va. at 55, 278 S.E.2d at 355.
In syllabus point two of Davis the Court held:
"The county assessor may presume that leaseholds have no value independent of the freehold estate and proceed to tax all real property to the freeholder at its true and actual value; the burden of showing that a leasehold has an independent value is upon the freehold taxpayer and the taxpayer must request in a timely manner the separate listing of freehold and leasehold interests." (Id. at 53, 278 S.E.2d at 354.)