(2) The assessor or tax collector shall not divide an assessment under this section unless the person calling for the division of assessment owns, or holds a mortgage or other lien on that part only of such area on which the person desires to pay the taxes, and has filed with the assessor a true copy of the deed, contract of sale, mortgage or other instrument evidencing the interest in the part; provided that whenever such instrument is otherwise recorded in the county records, such filing shall not be required.
(3) The assessor or tax collector shall not divide an assessment under this section unless all ad valorem taxes, fees and other charges required to be placed upon the tax roll that have been certified for collection under ORS 311.105 and 311.110 and become a lien upon the entire parcel of property have been paid. However, if the applicant for the division is a public body, only the portion of such taxes, fees and other charges apportionable to the part of the real estate owned by the public body, or on which the public body holds a mortgage or other lien, need be paid. As used in this subsection, "public body" means the United States, its agencies and instrumentalities, the state, a county, city, school district, irrigation or drainage district, a port, a water district and all other public or municipal corporations in the state exempt from tax under ORS 307.040 or 307.090.
(4) In the case of a parcel or tract of real estate which is being assessed under one of the special assessment laws listed in ORS 308A.733 (2) or under ORS 358.480 to 358.545, the assessor or tax collector shall not divide the assessment unless the portion of any additional taxes or penalty apportionable to the part of the property disqualified from special assessment is paid.
(5) In the case of property within the jurisdiction of a city or county which has adopted minor land partition regulations pursuant to ORS 92.046, the assessor shall not divide an assessment unless the person calling for the division of assessment has filed with the assessor evidence that the division has been approved as required by such regulations.
(6) Whenever a manufactured structure is assessed as real property under ORS 308.875, and the security interest holder of the manufactured structure is a person different from the owner of the parcel of land upon which it is situated, the security interest holder may apply to the assessor for a division of the value of the entire parcel between the value of the manufactured structure and the value of the remainder of the parcel. Using this value division, the tax collector shall allocate the taxes between the manufactured structure and the remainder of the parcel, and the security interest holder of the manufactured structure may pay the taxes on the value attributable to the manufactured structure and thereby free the manufactured structure from the lien of those taxes. If a division is made and taxes and special assessments are paid on the value attributable to the manufactured structure, the county may reclassify the manufactured structure as personal property, forward the ownership document application information to the Department of Consumer and Business Services and allow the structure to be moved as provided in ORS 446.631 without payment of the taxes and special assessments attributable to the remainder of the parcel.
(7) If protest is filed to the division, the matter shall be heard by the county commissioners or the county court (as defined in ORS 306.005) at its next regular session for transaction of county business, who shall make a final division of the assessment, and the tax collector shall collect and receipt for the taxes as so determined and ordered.
(8) No person shall apply in any year under this section for a division of the assessment of a subdivision made on the assessment roll prepared as of January 1 of the year in which the subdivision is finally approved. [Amended by 1953 c.109 §2; subsection (3) enacted as 1965 c.393 §3; 1967 c.58 §1; 1971 c.529 §16; 1975 c.579 §1; 1977 c.884 §17; 1979 c.689 §19; 1981 c.632 §1; 1983 c.748 §5; 1985 c.16 §457; 1985 c.613 §6; 1991 c.459 §241; 1993 c.6 §5; 1997 c.541 §290; 1999 c.314 §86; 2001 c.540 §22; 2003 c.655 §69]
Structure 2021 Oregon Revised Statutes
Volume : 08 - Revenue and Taxation
Chapter 311 - Collection of Property Taxes
Section 311.010 - "County court" defined.
Section 311.020 - Collection procedure when offices of assessor and tax collector combined.
Section 311.105 - Certificate of taxes levied or imposed; preparation; contents; delivery.
Section 311.125 - Entering delinquent taxes on tax roll.
Section 311.135 - Restoration of current assessment roll after destruction or damage.
Section 311.150 - Adding to, changing or correcting rolls by vouchers; preservation of vouchers.
Section 311.165 - Collection of taxes upon severance and removal of improvements from the land.
Section 311.175 - Loss of revenue by school taxing districts; report; calculation.
Section 311.205 - Correcting errors or omissions in rolls.
Section 311.250 - Tax statements; rules.
Section 311.265 - Payment of taxes with warrants.
Section 311.375 - Forwarding state taxes by county treasurers.
Section 311.388 - Additional taxes or penalties; deposit; distribution.
Section 311.392 - County’s option to advance to municipalities taxes levied prior to collection.
Section 311.405 - Tax as lien; priority; effect of removal, sale or transfer of personal property.
Section 311.415 - Payment of taxes before entry of judgment or order in certain causes.
Section 311.467 - Review of assessor’s action under expedited collection provisions.
Section 311.484 - Property tax bankruptcy account.
Section 311.489 - Bankruptcy collections efforts report.
Section 311.505 - Due dates; interest on late payments; discounts on early payments.
Section 311.507 - Discount allowed for certain late payments.
Section 311.508 - Disposition of interest on late payments; certification of estimated interest.
Section 311.512 - Collection of taxes on manufactured structures.
Section 311.513 - Collection of additional taxes due upon resolution of appeal.
Section 311.520 - When cities exempt from penalty and interest.
Section 311.531 - Tax collector to file annual statement compiled from tax rolls.
Section 311.545 - Notice of delinquent taxes on real property.
Section 311.547 - Notice of delinquent taxes on personal property.
Section 311.610 - Warrants to enforce payments of taxes on personal property.
Section 311.615 - Notice of warrants.
Section 311.625 - Recordation of warrant in lien record; lien on real and personal property.
Section 311.635 - Execution; release of lien.
Section 311.637 - Expiration and extension of electronic notice of warrant.
Section 311.641 - Bona fide purchaser of business personal property; release of lien.
Section 311.645 - Charging personal property taxes against real property.
Section 311.666 - Definitions for ORS 311.666 to 311.701.
Section 311.667 - Sunset of homestead deferral program.
Section 311.670 - Eligibility of property.
Section 311.673 - State liens against tax-deferred property.
Section 311.674 - Listing of tax-deferred property; interest accrual.
Section 311.675 - Recording liens; recording constitutes notice of state lien.
Section 311.676 - State to pay counties amount equivalent to deferred taxes.
Section 311.678 - Annual notice to taxpayer claiming deferral in current tax year.
Section 311.679 - Estimate of deferred taxes; lien; foreclosure; voluntary payment.
Section 311.681 - Request for retroactive deferral.
Section 311.684 - Events requiring payment of deferred tax and interest.
Section 311.686 - Time for payments; delinquency; foreclosure.
Section 311.688 - Claim by surviving spouse or disabled heir to continue tax deferral.
Section 311.689 - Certification of continuing eligibility.
Section 311.690 - Voluntary payment of deferred tax and interest.
Section 311.691 - Taxes unpaid before deferral as lien; effect on foreclosure; exceptions.
Section 311.693 - Application to delay foreclosure; appeals.
Section 311.694 - Reimbursement of state for taxes uncollected after foreclosure.
Section 311.695 - Joint and several liability of transferees for deferral amounts.
Section 311.696 - Limitations on effect of ORS 311.666 to 311.701.
Section 311.701 - Senior Property Tax Deferral Revolving Account; sources; uses.
Section 311.702 - Definitions for ORS 311.702 to 311.735.
Section 311.704 - Claim to defer special assessment for local improvement.
Section 311.706 - Requirements for deferral.
Section 311.708 - Claim form; filing date.
Section 311.718 - Time for payments; delinquency.
Section 311.721 - Election by spouse to continue deferral.
Section 311.723 - Voluntary payment of deferred special assessment.
Section 311.725 - Disposition of collected special assessments; reimbursement of state.
Section 311.729 - Limitations on effect of ORS 311.702 to 311.735.
Section 311.731 - Remittance to state of prepaid amounts when deferral ends.
Section 311.740 - Definitions for ORS 311.740 to 311.780.
Section 311.745 - Election to defer taxes in disaster area; eligibility.
Section 311.750 - Qualifications.
Section 311.755 - Time for payment; interest on deferred taxes; delinquency.
Section 311.759 - Voluntary payment; satisfaction of deferred property tax lien.
Section 311.761 - Recordation of tax deferred properties; recording constitutes notice of lien.
Section 311.771 - Liens; priority; foreclosure proceeding.
Section 311.775 - Notice of deferral to assessor by department; rate of interest on deferred taxes.
Section 311.780 - Payment of tax deferred amounts to county by state; availability of moneys.
Section 311.790 - Cancellation of uncollectible property tax.
Section 311.807 - Refund reserve account; deposits; payment of refunds; rules.
Section 311.808 - When refund on real property, manufactured structure or floating home prohibited.
Section 311.812 - No interest on refunds under ORS 311.806; exceptions; rate.
Section 311.814 - Appeal of large amounts of value; reserve account for refunds.
Section 311.855 - Definitions for ORS 311.850 to 311.870.
Section 311.860 - Agreement for prepayment; contents; filing; certificate of payment.