ORS 308.225
Boundary changes; procedure

(1)

In preparing the assessment roll in any year, a county assessor shall disregard changes or proposed changes described in subsections (3), (4) and (5) of this section in the boundary lines of any taxing district levying ad valorem property taxes if the description and map showing changes or proposed changes are not filed in final approved form, in accordance with and at the time required by subsection (2) of this section.

(2)

(a) If a boundary change is made or proposed, the person, governing body, officer, administrative agency or court that is or will be responsible for determining whether the boundary change is final shall file with the county assessor and the Department of Revenue the legal description of the change or proposed change and an accurate map showing the change or proposed change in final approved form, on or before March 31 of the assessment year to which the boundary change applies.

(b)

(A) Except as otherwise provided in subparagraph (B) of this paragraph, the legal description of the boundary change must consist of a series of courses in which the first course starts at a point of beginning and the final course ends at the point of beginning. Each course must be identified by bearings and distances and, when available, refer to deed lines, deed corners and other monuments, or, in lieu of bearings and distances, be identified by reference to:

(i)

Township, range, section or section subdivision lines of the United States Public Land Survey System.

(ii)

Survey center line or right of way lines of public roads, streets or highways.
(iii) Ordinary high water or ordinary low water of tidal lands.

(iv)

Right of way lines of railroads.

(v)

Any line identified on the plat of any recorded subdivision defined in ORS 92.010 (Definitions for ORS 92.010 to 92.192).

(vi)

Donation land claims.
(vii) Line of ordinary high water and line of ordinary low water of rivers and streams, as defined in ORS 274.005 (Definitions), or the thread of rivers and streams.

(B)

In lieu of the requirements of subparagraph (A) of this paragraph, boundary change areas conforming to areas of the United States Public Land Survey System may be described by township, section, quarter-section or quarter-quarter section, or if the areas conform to subdivision lots and blocks, may be described by lot and block description.

(c)

The county assessor or the department shall provide a map to the person, body, officer or agency making the filing within 14 days after the filing body notifies the assessor and department that a boundary change is being proposed. Upon receipt, the filing body shall accurately enter the boundary line on the map.

(d)

The description and map must be filed in final approved form on or before March 31 of the assessment year to which the boundary change applies. Proposed changes must be certified to the county assessor and the department in the same manner as changes. If the taxing district is located in more than one county, the description and map shall be filed with the assessor in each county and with the department within the time provided in this subsection.

(3)

For purposes of this section, boundary change means the change that occurs in the boundaries of a district by reason of:

(a)

The formation of a new district;

(b)

The consolidation or merger of two or more districts or parts thereof;

(c)

The annexation of territory by a district;

(d)

The withdrawal of territory from a district; or

(e)

The dissolution of a district.

(4)

For purposes of this section, the establishment of tax zones within a district constitutes a boundary change.

(5)

For purposes of this section, a proposed change means a boundary change that has not become final or effective on or before March 31 and that:

(a)

Is certain to become final or effective before July 1 of the same year; or

(b)

Is subject to voter approval in an election held before July 1 of the same year and that becomes final or effective before July 1 of the same year.

(6)

Each description and map filed under subsection (2) of this section shall be submitted to the Department of Revenue and approved or disapproved within 30 days of receipt.

(7)

Within five days of its determination, the Department of Revenue shall provide notice of its approval or disapproval under subsection (6) of this section to each county assessor with whom a filing has been made and to the filing body. If the description or map is disapproved, the department shall explain what steps must be taken to correct the description or map, and shall cooperate with the filing body in helping it meet the requirements of this section, and whenever possible, the filing deadline of March 31. Corrected descriptions and maps must then be resubmitted to the department, and approved, and filed with the assessor or assessors.

(8)

The filing of the description and map under this section is for assessment and taxation purposes only and does not affect or relate to filing for any other purpose. [Amended by 1965 c.411 §1; 1969 c.151 §1; 1973 c.501 §1; 1975 c.595 §1; 1981 c.804 §38; 1983 c.426 §1; 1991 c.459 §94; 1997 c.541 §157; 2001 c.246 §11; 2001 c.553 §8; 2010 c.29 §1; 2011 c.204 §1]

Atty. Gen. Opinions

Indication by county assessor of annexation of property to city on assessment roll while decision pending before Land Use Board of Appeals, (1980) Vol 41, p 99; “finality” of boundary change for purposes of property taxation if annexation is challenged in the courts, (1987) Vol 45, p 203

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
OR Legislature
Last accessed
May. 15, 2020
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