ORS 321.359
Removal of designation

  • appeal from reassessment or denial
  • requalification

(1)

Intentionally left blank —Ed.

(a)

When land has once been designated as forestland either as a result of an application being filed therefor or through the application of ORS 321.347 (Land designations) (3) or (4), it shall be valued as such until the assessor removes the forestland designation under paragraph (b) of this subsection.

(b)

The county assessor shall remove the forestland designation upon:

(A)

Notification by the taxpayer to the assessor to remove the designation;

(B)

Sale or transfer to an ownership making it exempt from ad valorem property taxation;

(C)

Discovery by the assessor that the land is no longer forestland; or

(D)

The act of recording a subdivision plat under ORS chapter 92.

(2)

A taxpayer whose application filed under ORS 321.358 (Application for designation as forestland) has been denied in whole or in part, or a taxpayer whose forestland has had the designation thereof removed in whole or in part, may appeal to the tax court within the time and in the manner provided in ORS 305.404 (Oregon Tax Court) to 305.560 (Appeals procedure generally).

(3)

If, under subsection (1)(b)(D) of this section, the county assessor removes the forestland designation upon the act of recording a subdivision plat, the land, or a part of the land, may be requalified for forestland designation upon:

(a)

Payment of all additional tax and applicable interest that remains due and owing on the land;

(b)

Submission by the owner of an application for designation as forestland;

(c)

Meeting all of the qualifications for designation as forestland; and

(d)

Meeting the requirements, if any, of applicable local government zoning ordinances with regard to minimum lot or parcel acreage for forest use. [Formerly 321.619; 1983 c.462 §6; 1983 c.563 §2; 1985 c.759 §24a; 1987 c.158 §52; 1991 c.459 §294; 1995 c.650 §94; 1999 c.314 §51; 2003 c.621 §18]

Source: Section 321.359 — Removal of designation; appeal from reassessment or denial; requalification, https://www.­oregonlegislature.­gov/bills_laws/ors/ors321.­html.

See also annotations under ORS 321.619 in permanent edition.

Notes of Decisions

When forest land is declassified, assessor should have used the notice required by this section instead of [former] ORS 308.280. Lymp v. Dept. of Rev., 4 OTR 466 (1971)

Declassification of land under the Western Oregon Ad Valorem Timber Tax Act and subsequent reclassification of same under Western Oregon Small Tract Optional Tax Act gives rise to the imposition of adjustment taxes under both [former] ORS 321.621 and [former] ORS 321.750. Wood v. Ore. State Bd. of Forestry, 5 OTR 193 (1973)

The county assessor can revoke a once approved classification of forest land only prospectively, unless fraud, bribery or other illegal acts resulted in the classification. Rogers v. Dept. of Rev., 6 OTR 139 (1975)

321.005
Definitions for ORS 321.005 to 321.185, 321.560 to 321.600 and 477.440 to 477.460 321.011
Policy 321.012
Public to share cost of suppressing fires caused by public 321.015
Levy of privilege taxes upon harvest of timber for certain purposes 321.017
Levy of additional privilege tax 321.035
Determination of moneys available in Oregon Forest Land Protection Fund 321.045
Payment of tax 321.145
Tax revenue credited to suspense account 321.152
Distribution of tax revenue 321.185
Forest Research and Experiment Account 321.201
Definition of “forestland” for ORS 321.201 to 321.222 321.204
Legislative findings and declarations 321.207
Valuation models 321.210
Proposed specially assessed values 321.213
Forestland value advisory committee 321.216
Certified specially assessed values 321.219
Appeal of certified specially assessed values 321.222
Jurisdiction of board of property tax appeals 321.257
Definitions for ORS 321.257 to 321.390 321.259
Legislative findings 321.262
Purposes 321.267
Lands not eligible for special assessment 321.272
Exemption of timber from property taxation 321.347
Land designations 321.348
Assignment of forestland to land classes 321.349
Valuation of certain forestland at farm use value 321.354
Common ownership minimum acreage requirements 321.358
Application for designation as forestland 321.359
Removal of designation 321.362
Notation of forestland on tax roll for potential additional tax liability 321.366
Date on which disqualification of forestland is effective 321.367
Forestland management 321.390
Land used to grow certain hardwood to be assessed as farm use land 321.550
Notice of intent to harvest 321.560
Audit of returns 321.570
Warrant for collection of delinquent taxes 321.580
Effect of failure or refusal to make return 321.600
Tax as debt 321.609
Enforcement of certain statutes by department 321.682
Confidentiality of reports, returns and appraisal data 321.684
Authority of department to make certain disclosures 321.686
Penalty for violation of ORS 321.682 321.700
Definitions for ORS 321.700 to 321.754 321.703
Legislative findings and declarations 321.706
Application for small tract forestland qualification 321.709
Small tract forestland qualification requirements 321.712
Circumstances under which notification is required 321.716
Disqualification 321.719
Continued qualification as small tract forestland following sale or transfer 321.722
Valuation 321.726
Severance tax upon harvest from small tract forestland 321.733
Severance tax returns 321.741
Due dates for severance tax return and payment 321.746
Severance tax revenues 321.751
Western Oregon Timber Severance Tax Fund 321.754
Eastern Oregon Timber Severance Tax Fund 321.805
Definitions for ORS 321.805 to 321.855 321.808
Purposes 321.817
Legislative findings 321.824
Lands not eligible for special assessment 321.829
Exemption of timber from property taxation 321.833
Common ownership minimum acreage requirements 321.839
Application for forestland designation 321.842
Removal of forestland designation 321.845
Date on which disqualification of forestland is effective 321.848
Disqualification 321.855
Land used to grow certain hardwood to be assessed as farm use land 321.991
Penalty
Green check means up to date. Up to date

Current through early 2024

§ 321.359’s source at oregon​.gov