2021 Oregon Revised Statutes
Chapter 308A - Land Special Assessments
Section 308A.709 - Circumstances when additional taxes are not imposed.


(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]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 08 - Revenue and Taxation

Chapter 308A - Land Special Assessments

Section 308A.053 - Definitions for ORS 308A.050 to 308A.128.

Section 308A.056 - Definition of "farm use."

Section 308A.059 - Farm use definition; rules.

Section 308A.062 - Qualification of exclusive farm use zone farmland.

Section 308A.065 - County counsel review of exclusive farm use zoning ordinances; notice upon determination of unqualified land; assessment pending zone requalification.

Section 308A.068 - Qualification of nonexclusive farm use zone farmland.

Section 308A.071 - Income requirements for nonexclusive farm use zone farmland.

Section 308A.074 - Wasteland qualifications; annual application.

Section 308A.077 - Application to qualify nonexclusive farm use zone farmland.

Section 308A.080 - Acquired land qualifications.

Section 308A.086 - Requalification generally.

Section 308A.089 - Requalification of disqualified nonexclusive farm use zone farmland; fee.

Section 308A.091 - Rules for farm use special assessment pursuant to remediation plan; fee; limitation.

Section 308A.092 - Determining value for farm use; procedure.

Section 308A.095 - Elective appointment of county board of review for advice on income-approach factors.

Section 308A.107 - Value for farm use; maximum assessed value and assessed value of farmland.

Section 308A.113 - Disqualification of exclusive farm use zone farmland; reversal for remediation plan.

Section 308A.116 - Disqualification of nonexclusive farm use zone farmland; reversal for remediation plan.

Section 308A.119 - Abatement; termination of abatement.

Section 308A.128 - Certain district assessments inapplicable to exclusive farm use zone farmland.

Section 308A.250 - Definitions for ORS 308A.250 to 308A.259.

Section 308A.253 - Qualification of homesites.

Section 308A.256 - Maximum assessed value and assessed value of homesites.

Section 308A.259 - Disqualification of homesite.

Section 308A.300 - Definitions for ORS 308A.300 to 308A.330.

Section 308A.309 - Submission of application for approval of local granting authority; grounds for denial; approval; application withdrawal.

Section 308A.312 - Notice to assessor of approval or denial; recording approval; assessor to record potential additional taxes on tax roll; appeal from denial.

Section 308A.315 - Determination of maximum assessed value and assessed value of open space lands; rules.

Section 308A.318 - Change in use of open space land; notice to assessor; withdrawal from classification; collection of additional taxes; exception.

Section 308A.321 - Withdrawal by assessor when use changed; notice; imposition of additional taxes; interest; penalty; exception.

Section 308A.324 - Prepayment of additional taxes; extending taxes on tax roll; collection; distribution.

Section 308A.350 - Definitions for ORS 308A.350 to 308A.383.

Section 308A.359 - Standards and criteria for exemption; determination; exemption limited to certain lands; application withdrawal.

Section 308A.360 - City and county authorization required for exemption of riparian land within city and urban growth boundary.

Section 308A.362 - Approval or disapproval of application; limitation on approval; order; notice; exemption; potential additional taxes.

Section 308A.365 - Duration of exemption; change in use; withdrawal at request of owner.

Section 308A.368 - Additional taxes upon withdrawal from riparian land designation; computation.

Section 308A.371 - Additional taxes; payment; collection.

Section 308A.374 - Reports on riparian land use from owners; effect of failure to make report upon demand; request by assessor for determination of continued qualification.

Section 308A.377 - Abatement of additional tax when farm, forest or open space land designated riparian.

Section 308A.400 - Findings.

Section 308A.403 - Legislative intent.

Section 308A.406 - Definitions for ORS 308A.403 to 308A.430.

Section 308A.409 - Wildlife habitat conservation and management plans; rules.

Section 308A.412 - Plan submission and review; limitation on approval; rules.

Section 308A.415 - Designation by State Fish and Wildlife Commission of land eligible for wildlife habitat special assessment.

Section 308A.418 - Removal of designation upon request of city or county; requirements.

Section 308A.424 - Application for special assessment; approval.

Section 308A.427 - Valuation; potential additional tax liability.

Section 308A.430 - Disqualification from special assessment; additional taxes.

Section 308A.450 - Definitions for ORS 308A.450 to 308A.465.

Section 308A.453 - Requirements.

Section 308A.456 - Application for conservation easement special assessment; contents; application fee.

Section 308A.459 - Valuation; potential additional tax liability.

Section 308A.462 - Dwellings.

Section 308A.465 - Inspection by holder; disqualification; notice; requalification; additional tax.

Section 308A.700 - Definitions for ORS 308A.700 to 308A.733.

Section 308A.703 - Additional taxes upon disqualification.

Section 308A.706 - Circumstances when additional taxes are deferred; potential additional tax liability.

Section 308A.707 - Additional taxes when land disqualified from small tract forestland assessment.

Section 308A.709 - Circumstances when additional taxes are not imposed.

Section 308A.712 - Determining amount of deferred additional taxes and period for which additional taxes are due.

Section 308A.715 - Imposition of deferred additional taxes upon request of owner.

Section 308A.718 - Assessor to send notice upon disqualification or forestland change in use; deadline; appeal; change in special assessment explanation; remediation plan notification.

Section 308A.724 - Application for change of special assessment following disqualification; time for meeting farm use income requirements; application due dates; limitation on special assessments for disqualified wildlife habitat and conservation eas...

Section 308A.727 - Change to open space use; additional taxes upon withdrawal; notification upon application.

Section 308A.730 - Application for special assessment following acquisition of land through government exchange; amount of additional taxes following disqualification.

Section 308A.733 - Withdrawal of change of special assessment application.

Section 308A.740 - Legislative policy.

Section 308A.743 - Disqualification limited when land subject to conservation and management plan, conservation easement or deed restriction; procedural requirements.