Oregon Statutes 321.354 – Common ownership minimum acreage requirements; specially assessed value and maximum assessed value of forestland of large landowners
(1)(a) The Department of Revenue shall identify the forestland that is held in common ownership of 5,000 acres or more as of the assessment date for each tax year.
Terms Used In Oregon Statutes 321.354
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(b) Forestland that the department has identified under paragraph (a) of this subsection that, for the previous tax year, was subject to small tract forestland assessment shall be disqualified from small tract forestland assessment and shall be subject to special assessment as provided in this section as of the first tax year the forestland is held in common ownership of 5,000 acres or more.
(c) For purposes of this subsection, ‘forestland’ includes land that meets the definition of forestland under ORS § 321.805.
(2) Forestland assessed under this section shall have a specially assessed value per acre equal to the value certified to the county assessor for the tax year under ORS § 321.216 for the applicable land class of the forestland.
(3) For each land class described in ORS § 321.210, the forestland maximum assessed value per acre shall equal 103 percent of the forestland assessed value per acre for the preceding tax year or 100 percent of the forestland maximum assessed value per acre for the preceding tax year, whichever is greater.
(4)(a) The assessor shall compute the assessed value of forestland by multiplying the acreage of the forestland in each land class by the lesser of:
(A) The specially assessed value per acre; or
(B) The maximum assessed value per acre.
(b) If the forestland being assessed consists of different land classes, the assessed value of the forestland shall be the sum of the assessed values computed for each land class under paragraph (a) of this subsection.
(5) Notwithstanding subsection (4) of this section, the forestland shall be assessed as provided in ORS § 308.232 if the real market value of the forestland is less than the value established under subsection (4) of this section.
(6) For purposes of this section:
(a) The department shall certify to the county assessor of a county in which forestland identified in subsection (1) of this section is located a list of the property tax accounts containing forestland so identified.
(b) Forestland shall be considered to be in common ownership if the forestland is owned by the person directly or is owned by a corporation, partnership, association or other entity in which the person owns a majority interest.
(c) Additional taxes may not be imposed as a result of a disqualification under subsection (1) of this section.
(d) The notification requirements and other procedures that the county assessor must follow in disqualifying forestland do not apply to a disqualification occurring under subsection (1) of this section.
(e) The department shall notify the county assessor of forestland identified under subsection (1)(a) of this section that is located in that county. [1999 c.1078 2,7; 2001 c.860 § 2; 2003 c.454 § 67]
[Formerly 528.190; 1973 c.348 § 11; repealed by 1977 c.892 § 51]
[1999 c.1078 § 9; 2001 c.816 § 4; 2001 c.860 § 5; 2003 c.454 § 71; 2003 c.621 § 16; repealed by 2003 c.621 § 24]
[1977 c.892 § 24a; 1981 c.804 § 92; 1991 c.459 § 292; 1993 c.801 § 21; 1995 c.79 § 175; repealed by 1999 c.19 § 12]