ORS 321.716
Disqualification

  • requalification under certain circumstances
  • notice
  • automatic qualification as forestland

(1)

The county assessor shall disqualify land as small tract forestland upon:

(a)

Sale or transfer of the small tract forestland;

(b)

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

(c)

The owner’s owning or holding in common ownership more than 5,000 acres of Oregon forestland;

(d)

The owner’s owning or holding in common ownership less than 10 acres of Oregon forestland;

(e)

Written notice from the State Forestry Department that the land no longer meets the stocking and species requirements applicable to small tract forestland under rules adopted by the Department of Revenue;

(f)

The land’s qualifying for another special assessment listed in ORS 308A.706 (Circumstances when additional taxes are deferred) (1)(d)(A), (B), (F) or (G); or

(g)

The recording of a subdivision plat under ORS chapter 92 that subdivides the land.

(2)

If, pursuant to subsection (1)(g) of this section, the county assessor disqualifies small tract forestland upon the recording of a subdivision plat, the land may requalify for small tract forestland assessment upon:

(a)

Payment of all additional tax and interest that remains due and owing as a result of the disqualification;

(b)

Submission of an application for small tract forestland assessment under ORS 321.706 (Application for small tract forestland qualification) and approval of the application by the county assessor; and

(c)

Compliance with any applicable local government zoning ordinances governing minimum lot or parcel acreage for forest use.

(3)

Intentionally left blank —Ed.

(a)

If a sale or transfer of small tract forestland is the basis for disqualification under subsection (1)(a) of this section, the land may not be disqualified until 30 days after the county assessor issues a notice of intent to disqualify to the purchaser or transferee of the small tract forestland. The assessor shall issue a notice of intent to disqualify within 15 months after the date of the sale or transfer.

(b)

The land shall automatically qualify for special assessment under ORS 321.257 (Definitions for ORS 321.257 to 321.390) to 321.390 (Land used to grow certain hardwood to be assessed as farm use land) or 321.805 (Definitions for ORS 321.805 to 321.855) to 321.855 (Land used to grow certain hardwood to be assessed as farm use land), whichever is applicable, unless the assessor determines that the land does not constitute forestland.

(4)

Upon disqualification of land under subsection (1) of this section, additional taxes shall be determined as provided in ORS 308A.700 (Definitions for ORS 308A.700 to 308A.733) to 308A.733 (Withdrawal of change of special assessment application). [2003 c.454 §6; 2005 c.400 §1; 2007 c.809 §20]

Source: Section 321.716 — Disqualification; requalification under certain circumstances; notice; automatic qualification as forestland, https://www.­oregonlegislature.­gov/bills_laws/ors/ors321.­html.

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

§ 321.716’s source at oregon​.gov