(2) If any part of the taxes on property certified under ORS 310.060 is incorrectly categorized as subject to or not subject to the limits of section 11b, Article XI of the Oregon Constitution, the Department of Revenue shall notify the taxing unit governing body and the county assessor and the county assessor shall extend the taxes on the roll in a manner that complies with the Oregon Constitution. For purposes of this section, taxes are incorrectly categorized only if:
(a) The sole authority of the taxing unit to impose taxes on property is provided by statute and the statute does not authorize the imposition of taxes on property categorized as reported under ORS 310.060; or
(b) The Oregon Tax Court or the Oregon Supreme Court has finally determined the correct manner in which a tax on property of the taxing unit should be categorized and that determination is different from the category reported under ORS 310.060. For purposes of this paragraph, "finally determined" means that the Oregon Tax Court has entered a decision which has become final as described under ORS 305.440 or that, upon appeal from the Oregon Tax Court, the Supreme Court has entered a decision.
(3) If any item certifying ad valorem property taxes under ORS 310.060 incorrectly characterizes the item attributes under section 11, Article XI of the Oregon Constitution, the Department of Revenue shall notify the taxing district governing body and the county assessor, and the county assessor shall extend the taxes on the roll in a manner that complies with the Oregon Constitution. [Amended by 1967 c.293 §5; 1971 c.646 §3; 1981 c.790 §13; 1983 s.s. c.5 §19; 1985 c.319 §2; 1993 c.270 §46; 1997 c.541 §247; 2005 c.750 §2]
Structure 2021 Oregon Revised Statutes
Volume : 08 - Revenue and Taxation
Chapter 310 - Property Tax Rates and Amounts; Tax Limitations; Tax Reduction Programs
Section 310.055 - Operating taxes.
Section 310.070 - Procedure when taxes exceed limitations or are incorrectly categorized.
Section 310.090 - Computation of rate for each item of tax; category rates; total rates.
Section 310.140 - Legislative findings; definitions.
Section 310.155 - Public school system limit; definitions.
Section 310.156 - Certain community college library limits.
Section 310.190 - Effect of election challenge on tax; resolution of challenge.
Section 310.202 - Definitions for ORS 310.200 to 310.242.
Section 310.204 - "Hospital facility" defined.
Section 310.206 - tax certification notice.
Section 310.208 - urban renewal certification.
Section 310.210 - Measure 5 imposed tax estimate.
Section 310.212 - Measure 47 comparison taxes.
Section 310.214 - Measure 47 comparison tax adjustments for certain nonschool taxing districts.
Section 310.216 - Pre-reduction Measure 50 taxes.
Section 310.218 - Preliminary reduction percentages.
Section 310.220 - Assessor certification to Department of Revenue; contents.
Section 310.228 - Determination of state replacement obligation.
Section 310.234 - Nonschool taxing district 1997-1998 operating tax adjustment for timber offsets.
Section 310.238 - Rate conversion; Measure 5 assessed value rate.
Section 310.242 - compression of consolidated rates.
Section 310.244 - Adjustment of city’s post-compression tax rate under certain circumstances.
Section 310.246 - Adjustment of permanent rate limit to correct mistakes by June 30, 1998.
Section 310.622 - Manufactured structures eligible as homesteads under tax laws of state.