Oregon Statutes 308A.709 – Circumstances when additional taxes are not imposed
Notwithstanding that land may have been disqualified from special assessment, no additional taxes may be imposed under ORS § 308A.703 if:
Terms Used In Oregon Statutes 308A.709
- City: includes any incorporated village or town. See Oregon Statutes 174.100
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
(1) As of the date the disqualification is taken into account on the assessment and tax roll, the land is any of the following:
(a) Acquired by a governmental agency as a result of the lawful exercise of the power of eminent domain or the threat or imminence thereof.
(b) Acquired by purchase, agreement or donation under ORS § 390.121 (relating to State Parks and Recreation Commission acquisitions).
(c) Acquired by a city, county, metropolitan service district created under ORS Chapter 268 or park and recreation district organized under ORS Chapter 266 for public recreational purposes or for the preservation of scenic or historic places.
(d) Acquired for wildlife management purposes under ORS § 496.146.
(e) Land that ceases to be located within the boundaries of an exclusive farm use zone as the result of a change in the boundaries of the zone or removal of the zone following an action by the governing body of the county or city that:
(A) Was not requested or initiated by the owner of the land; or
(B) Was requested by:
(i) The State Parks and Recreation Department for public park purposes under ORS § 390.121; or
(ii) The State Fish and Wildlife Commission for wildlife management purposes under ORS § 496.146.
(f) Forestland acquired by a federal, state or local governmental agency. In the case of an acquisition described in this paragraph, a lien for additional taxes and interest may not attach on the day preceding the day of transfer of the forestland to the governmental agency.
(2)(a) At the time of disqualification, the land is public property that was leased or rented to a taxable owner as described in ORS § 307.110 and the reason for the disqualification is the termination of the lease under which the land was assessed.
(b) As used in this subsection, ‘the time of disqualification’ means the date on which the lease was terminated. [1999 c.314 § 36; 1999 c.800 § 1a; 2003 c.454 § 34; 2003 c.621 § 87; 2017 c.275 § 1]