(1) If land specially valued under ORS § 308A.062, 308A.068, 321.257 to 321.390, 321.700 to 321.754 or 321.805 to 321.855 is acquired by a governmental agency or body as a result of an exchange of the land for land of approximately equal value held by the governmental agency or body and the land acquired from the governmental agency or body is not farm use land located within an exclusive farm use zone or is not land, the highest and best use of which is the growing and harvesting of trees of a marketable species, the owner shall make application for special valuation as farm or forest land in the manner provided under ORS § 308A.077, 321.358, 321.706 or 321.839, whichever is applicable, as follows:

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(a) If the exchange takes place prior to July 1, the owner shall file the application on or before August 1.

(b) If the exchange takes place on or after July 1, the owner shall file the application on or before April 1 of the following year.

(2) Failure to file an application as required under this section, or failure to otherwise meet the qualification for special valuation under the special assessment law for which application is made shall disqualify the land under ORS § 308A.703. However, the amount of additional taxes imposed upon the disqualification under this subsection shall be equal to those that would have been imposed against the land transferred to the governmental agency or body on account of the exchange were it not for ORS § 308A.706 (1)(b).

(3) If an application filed under this section is for classification for farm use special assessment under ORS § 308A.068, the owner shall have five years beginning with the first year of classification to meet the income requirements under ORS § 308A.071 and need not meet the two-year farm use requirements of ORS § 308A.068.

(4) This section does not apply to an exchange of forestland to which ORS § 308A.706 (1)(b) (relating to governmental exchange) applies. [Formerly 308.373; 2003 c.454 42,44; 2003 c.621 § 91]