Real and personal property classified for ORS 308.505 to 308.674
Source:
Section 308.510 — Real and personal property classified for ORS 308.505 to 308.674, https://www.oregonlegislature.gov/bills_laws/ors/ors308.html.
Notes of Decisions
The method used by the Department of Revenue to determine the assessment value of the taxpayers’ flatcars, which method took into account the “going concern” value attributable to the property, was within the requirements of ORS 308.550. Trailer Train Co. v. Dept. of Rev., 5 OTR 170 (1973)
Where uncompleted plans and specifications for nuclear and coal-fired generating plants of public utility were in ownership and control of out-of-state engineering firm preparing them, though plaintiff had unliquidated claim for damages if plans were not delivered, the claim did not have situs in state and was not used for plaintiff’s business as of assessment date. Portland Gen. Elec. Co. v. Dept. of Rev., 7 OTR 33 (1977)
A property connection between corporations is shown by the right of one company to control the operations of the other company, and where Southern Pacific exerted executive control of Cottonbelt’s marketing, financing, management, operations and labor, Southern Pacific was the owner of Cottonbelt for purposes of these sections. Southern Pacific Trans. Co. v. Dept. of Revenue, 295 Or 47, 664 P2d 401 (1983)
Plaintiff’s use of water power constituted use of property subject to taxation and must be added to value of plaintiff’s hydroelectric facility. Joseph Hydro Associates v. Dept. of Rev., 11 OTR 49 (1988)
In determining value of small hydroelectric plant, reasonable basis of comparisons and analysis is actual rather than projected production. Falls Creek H.P. Ltd. Partnership v. Dept. of Rev., 12 OTR 55 (1991)
To be user of property taxpayer must have some degree of control, but not necessarily absolute control, over property at issue. Pacificorp Power Marketing v. Dept. of Revenue, 340 Or 204, 131 P3d 725 (2006)
This section and ORS 308.515 do not prevent application of inventory tax exemption under ORS 307.400 to inventory of centrally assessed companies. Northwest Natural Gas Co. v. Dept. of Revenue, 19 OTR 367 (2007), aff’d 347 Or 536, 226 P3d 28 (2010)
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