Assessment of Property for Taxation

ORS 308.149
Definitions for ORS 308.149 to 308.166


As used in ORS 308.149 (Definitions for ORS 308.149 to 308.166) to 308.166 (Ordering provisions when property is subject to multiple special determinations of value):

(1)

“Area” means:

(a)

The county in which property, the maximum assessed value of which is being adjusted, is located, including the area of any city located within the county that has adopted an ordinance or resolution pursuant to ORS 308.151 (Certain cities authorized to define “area” as city by ordinance or resolution);

(b)

The city in which property, the maximum assessed value of which is being adjusted, is located, if the city has adopted an ordinance or resolution pursuant to ORS 308.151 (Certain cities authorized to define “area” as city by ordinance or resolution); or

(c)

This state, if the property for which the maximum assessed value is being adjusted is property that is centrally assessed under ORS 308.505 (Definitions for ORS 308.505 to 308.674) to 308.674 (Exemption equal to difference between real market value of company’s centrally assessable property and 130 percent of cost of company’s centrally assessable real and tangible personal property).

(2)

(a) “Average maximum assessed value” means the value determined by dividing the total maximum assessed value of all property in the same area in the same property class by the total number of properties in the same area in the same property class.

(b)

In making the calculation described under this subsection, the following property is not taken into account:

(A)

New property or new improvements to property;

(B)

Property that is partitioned or subdivided;

(C)

Property that is rezoned and used consistently with the rezoning;

(D)

Property that is added to the assessment and tax roll as omitted property; or

(E)

Property that is disqualified from exemption, partial exemption or special assessment.

(c)

Paragraph (b)(B), (C), (D) and (E) of this subsection does not apply to the calculation of average maximum assessed value in the case of property centrally assessed under ORS 308.505 (Definitions for ORS 308.505 to 308.674) to 308.674 (Exemption equal to difference between real market value of company’s centrally assessable property and 130 percent of cost of company’s centrally assessable real and tangible personal property).

(3)

(a) “Average real market value” means the value determined by dividing the total real market value of all property in the same area in the same property class by the total number of properties in the same area in the same property class.

(b)

In making the calculation described under this subsection, the following property is not taken into account:

(A)

New property or new improvements to property;

(B)

Property that is partitioned or subdivided;

(C)

Property that is rezoned and used consistently with the rezoning;

(D)

Property that is added to the assessment and tax roll as omitted property; or

(E)

Property that is disqualified from exemption, partial exemption or special assessment.

(c)

Paragraph (b)(B), (C), (D) and (E) of this subsection does not apply to the calculation of average real market value in the case of property centrally assessed under ORS 308.505 (Definitions for ORS 308.505 to 308.674) to 308.674 (Exemption equal to difference between real market value of company’s centrally assessable property and 130 percent of cost of company’s centrally assessable real and tangible personal property).

(4)

“Lot line adjustment” means any addition to the square footage of the land for a real property tax account and a corresponding subtraction of square footage of the land from a contiguous real property tax account.

(5)

“Minor construction” means additions of real property improvements, the real market value of which does not exceed $10,000 in any assessment year or $25,000 for cumulative additions made over five assessment years.

(6)

(a) “New property or new improvements” means changes in the value of property as the result of:

(A)

New construction, reconstruction, major additions, remodeling, renovation or rehabilitation of property;

(B)

The siting, installation or rehabilitation of manufactured structures or floating homes; or

(C)

The addition of machinery, fixtures, furnishings, equipment or other taxable real or personal property to the property tax account.

(b)

“New property or new improvements” does not include changes in the value of the property as the result of:

(A)

General ongoing maintenance and repair; or

(B)

Minor construction.

(c)

“New property or new improvements” includes taxable property that on January 1 of the assessment year is located in a different tax code area than on January 1 of the preceding assessment year.

(7)

“Property class” means the classification of property adopted by the Department of Revenue by rule pursuant to ORS 308.215 (Contents of assessment roll), except that in the case of property assessed under ORS 308.505 (Definitions for ORS 308.505 to 308.674) to 308.674 (Exemption equal to difference between real market value of company’s centrally assessable property and 130 percent of cost of company’s centrally assessable real and tangible personal property), “property class” means the total of all property set forth in the assessment roll prepared under ORS 308.540 (Department to prepare assessment roll). [1997 c.541 §9; 1999 c.579 §20; 2012 c.30 §2; 2017 c.414 §3]

Notes of Decisions

Transition from local to central assessment does not, absent some action or event attributable to taxpayer, qualify as exception event, and property does not qualify for new property exception if property is subject to, but not subjected to, central assessment. Comcast Corp. v. Dept. of Revenue, 22 OTR 233 (2016)

Chapter 308

Notes of Decisions

Programs administered by Department of Revenue that allow preferential assessment for farm and forestland are not "programs affecting land use" and are not subject to requirement of statewide goal and local comprehensive plan compliance under ORS 197.180. Springer v. LCDC, 111 Or App 262, 826 P2d 54 (1992), Sup Ct review denied

Atty. Gen. Opinions

Application of Article XI, section 11b of Oregon Constitution to this chapter, (1990) Vol 46, p 388

Law Review Citations

5 EL 516 (1975)


Source

Last accessed
Jun. 26, 2021