(a) The land has been assessed under ORS 308A.050 to 308A.128 for at least the 10 consecutive years immediately prior to the year for which the change is first effective;
(b) The planting of the timber takes place after October 15, 1983, and qualifies for the current tax year for special assessment as forestland under ORS 321.257 to 321.390;
(c) The timber on the land is of an average age of less than 40 years; and
(d) The land is held by an owner having a total ownership of forestland in western Oregon not in excess of 2,000 acres, as determined under subsection (3) of this section.
(2) If timber on land valued under subsection (1) of this section reaches, for any tax year, an average age of 40 years or more, this section shall cease to apply. However, without application and without any additional tax, interest or penalty, the land shall for that tax year and for each year thereafter for which the land is qualified, be valued under ORS 308.205, 308.232 and 321.257 to 321.390.
(3) In computing a forestland owner’s acreage for purposes of subsection (1) of this section, total ownership of the owner’s forestland, as defined in ORS 321.257, in western Oregon shall be included.
(4)(a) An owner may not have forestland valued under subsection (1) of this section if the owner, or any individual having a share in the owner, has a spouse, brother, sister, ancestor or lineal descendant who is an owner, or who holds a share in an owner having forestland valued under subsection (1) of this section.
(b) The county assessor may grant exceptions to paragraph (a) of this subsection if the owner satisfactorily demonstrates that the combination of ownership with the indicated relatives arose from bona fide business reasons other than a desire to circumvent the 2,000 acre limitation imposed under subsection (1) of this section.
(5) As used in this section, "total ownership" includes:
(a) Forestland owned by an owner individually; and
(b) Forestland owned by any corporate or other group or entity in which an owner of the corporation, group or entity owns a 10 percent or greater interest, directly or indirectly, in the corporation, group or entity. [1983 c.657 §8; 1991 c.459 §290; 1993 c.801 §38a; 1999 c.19 §6; 1999 c.314 §66; 1999 c.1078 §79; 2005 c.94 §102]
Structure 2021 Oregon Revised Statutes
Volume : 08 - Revenue and Taxation
Chapter 321 - Timber and Forestland Taxation
Section 321.005 - Definitions for ORS 321.005 to 321.185, 321.560 to 321.600 and 477.440 to 477.460.
Section 321.015 - Levy of privilege taxes upon harvest of timber for certain purposes; exclusion.
Section 321.035 - Determination of moneys available in Oregon Forest Land Protection Fund.
Section 321.045 - Payment of tax; returns; estimated tax; payment.
Section 321.145 - Tax revenue credited to suspense account; refunds.
Section 321.152 - Distribution of tax revenue.
Section 321.185 - Forest Research and Experiment Account; appropriation.
Section 321.207 - Valuation models; rules.
Section 321.210 - Proposed specially assessed values; notice; comments; hearing.
Section 321.213 - Forestland value advisory committee.
Section 321.216 - Certified specially assessed values.
Section 321.257 - Definitions for ORS 321.257 to 321.390.
Section 321.259 - Legislative findings.
Section 321.267 - Lands not eligible for special assessment.
Section 321.347 - Land designations; classifications; certain election by landowners.
Section 321.348 - Assignment of forestland to land classes; change in class.
Section 321.349 - Valuation of certain forestland at farm use value.
Section 321.359 - Removal of designation; appeal from reassessment or denial; requalification.
Section 321.550 - Notice of intent to harvest; rules; effect of failure to file notice; penalty.
Section 321.560 - Audit of returns; interest and penalties upon failure to file return or pay tax.
Section 321.570 - Warrant for collection of delinquent taxes.
Section 321.609 - Enforcement of certain statutes by department; rules.
Section 321.682 - Confidentiality of reports, returns and appraisal data.
Section 321.684 - Authority of department to make certain disclosures.
Section 321.700 - Definitions for ORS 321.700 to 321.754.
Section 321.703 - Legislative findings and declarations.
Section 321.709 - Small tract forestland qualification requirements.
Section 321.726 - Severance tax upon harvest from small tract forestland.
Section 321.733 - Severance tax returns.
Section 321.741 - Due dates for severance tax return and payment.
Section 321.746 - Severance tax revenues.
Section 321.751 - Western Oregon Timber Severance Tax Fund; revenue distribution.
Section 321.754 - Eastern Oregon Timber Severance Tax Fund; revenue distribution.
Section 321.805 - Definitions for ORS 321.805 to 321.855.
Section 321.817 - Legislative findings.
Section 321.824 - Lands not eligible for special assessment.
Section 321.842 - Removal of forestland designation; appeal; requalification.