Chapter 6 Oregon Laws 2001

 

AN ACT

 

HB 2205

 

Relating to taxation; creating new provisions; and amending ORS 309.115.

 

Be It Enacted by the People of the State of Oregon:

 

          SECTION 1. ORS 309.115 is amended to read:

          309.115. (1) If the Department of Revenue, the board of property tax appeals or the tax court or other court enters an order correcting the real market value of a separate assessment of property and there is no further appeal from that order, except as provided under subsection (2) or (3) of this section, the value so entered shall be the real market value entered on the assessment and tax rolls for the five assessment years next following the year for which the order is entered.

          (2) Notwithstanding subsection (1) of this section, the following adjustments may be made to the real market value during the period described in subsection (1) of this section:

          (a) Annual trending or indexing applied to all properties of the same property class in the county, or within clearly defined areas of the county under this chapter.

          (b) Annual trending or depreciation factors applied to similar property.

          (c) Additions or retirements based upon returns filed under ORS 308.290.

          (d) Additions, retirements or economic trending from the annual valuations under ORS 308.505 to 308.665.

          (e) Increases directly related to additions, remodeling or rehabilitation made to property.

          (f) Changes directly related to subdividing or partitioning the property.

          (g) Changes directly related to rezoning the property and using the property consistent with the rezoning.

          [(f)] (h) Property damaged, destroyed or otherwise subject to loss of real market value.

          (3) In the case of principal or secondary industrial property, subsection (1) of this section does not apply to changes in real market value as a result of:

          (a) Annual trending or depreciation factors applied by type of property to industrial or personal property;

          (b) Additions or retirements based upon returns filed under ORS 308.290; or

          (c) Property damaged, destroyed or otherwise subject to loss of real market value.

          (4) If, during the five-year period described in subsection (1) of this section, another order correcting the real market value of the property subject to subsection (1) of this section is entered, subsection (1) of this section shall apply for the five years next following the year the later order is entered.

 

          SECTION 2. The amendments to ORS 309.115 by section 1 of this 2001 Act apply to determinations of the real market value of property made on or after the effective date of this 2001 Act.

 

Approved by the Governor March 5, 2001

 

Filed in the office of Secretary of State March 5, 2001

 

Effective date January 1, 2002

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