Oregon Statutes 308.479 – Termination of limited assessment for change of use; additional taxes; circumstances when additional taxes not imposed
(1) If, after a certificate of qualification has been filed with the county assessor under ORS § 308.466, a declaration defined in ORS § 100.005 with respect to the property is presented to the county assessor or tax collector for approval under ORS § 100.110 or if the county assessor discovers that a portion of the rehabilitated residential property is changed to a use that is other than residential or housing:
Terms Used In Oregon Statutes 308.479
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(a) The limited assessment granted to the property or portion under ORS § 308.450 to 308.481 shall terminate immediately, without right of notice or appeal;
(b) The property or portion shall be assessed and taxed in the same manner as other property similarly situated is assessed and taxed; and
(c) Notwithstanding ORS § 311.235, there shall be added to the general property tax roll for the tax year next following the presentation or discovery, to be collected and distributed in the same manner as other real property tax, an amount equal to the difference between the amount of tax levied with respect to the property or portion for the tax year for which the property or portion was granted limited assessment and the tax that would have been levied if the property or portion had not been granted limited assessment for that year for each of the years, not to exceed the last 10 years, during which the property was granted limited assessment under ORS § 308.450 to 308.481.
(2) Subsection (1)(c) of this section shall not apply to property for which a declaration is presented to the county assessor or tax collector for approval under ORS § 100.110, if:
(a) The property is subject to an agreement described in ORS § 308.462 (2);
(b) Based on the most recent statement of rental rates filed under ORS § 308.474, the rental rates of all units are equal to or greater than 125 percent of the Section 8 fair market rent, adjusted for unit size, as established and periodically adjusted by the Secretary of Housing and Urban Development pursuant to 42 U.S.C. § 1437f, as amended and in effect on October 4, 1997;
(c) The property owner files a written request with the governing body for a waiver of the provisions of subsection (1)(c) of this section between six months before and six months after the declaration is submitted to the assessor for approval under ORS § 100.110; and
(d) The governing body approves the request.
(3) If, at the time of presentation or discovery, the property is no longer receiving limited assessment, additional taxes shall be collected as provided in this section, but the number of years that would otherwise be used to compute the additional taxes shall be reduced one year for each year that has elapsed since the year the property was last granted limited assessment beginning with the oldest year for which additional taxes are due.
(4) The assessment and tax rolls shall show ‘potential additional tax liability’ for each property granted limited assessment under ORS § 308.450 to 308.481.
(5) Additional taxes collected under this section shall be deemed to have been imposed in the year to which the additional taxes relate. [1981 c.697 § 2; 1983 c.630 § 1; 1987 c.158 § 47; 1987 c.459 § 34; 1989 c.1051 § 13a; 1991 c.459 § 136; 1995 c.79 § 130; 1997 c.830 § 3]
[Repealed by 1975 c.365 § 4]