Chapter 256 Oregon Laws 2001

 

AN ACT

 

HB 2670

 

Relating to taxation.

 

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

 

          SECTION 1. Upon compliance with section 3 of this 2001 Act, land that is used both as a golf course and for the discharge of wastewater or sewage effluent is exempt from the ad valorem property taxes of taxing districts authorizing the exemption under section 4 of this 2001 Act, if:

          (1) The land is owned by a municipality and leased by a nonprofit corporation that was in existence as of January 1, 1997; and

          (2) The nonprofit corporation operates the golf course.

 

          SECTION 2. Section 1 of this 2001 Act applies to tax years beginning on or after July 1, 1998, and before July 1, 2021.

 

          SECTION 3. (1) In order for land to be exempt from ad valorem property taxes under section 1 of this 2001 Act, the nonprofit corporation described in section 1 of this 2001 Act must apply to the county assessor. The statement required under ORS 307.162 to claim an exemption listed in ORS 307.162 (1) shall serve as the application to be filed with the county assessor to claim the exemption under section 1 of this 2001 Act.

          (2) The application must be filed on or before July 1, 2002. The provisions for late filing described in ORS 307.162 do not apply to an application filed under this section.

          (3) The application shall serve as the applicant’s claim for exemption for all tax years described in section 2 of this 2001 Act for which, as of each assessment date, the applicant and property meet the criteria set forth in section 1 of this 2001 Act.

          (4) The assessor shall approve each timely filed application in which the applicant and the land meet the criteria to be exempt under section 1 of this 2001 Act.

          (5) Any property taxes and interest that have been paid on behalf of property granted the exemption under section 1 of this 2001 Act for a tax year beginning before January 1, 2002, shall be refunded in the manner prescribed in subsection (6) of this section. If the taxes have not been paid, the taxes and any interest due thereon are abated.

          (6) The tax collector shall notify the governing body of the county of any refund required under this section and the governing body shall cause a refund of the taxes and any interest paid to be made from the unsegregated tax collections account described in ORS 311.385. The refund under this subsection shall be made without interest. The county assessor and tax collector shall make the necessary corrections in the records of their offices.

 

          SECTION 4. The exemption provided in section 1 of this 2001 Act applies only to the taxes of a taxing district the governing body of which has adopted an ordinance or resolution authorizing the exemption under section 1 of this 2001 Act.

 

Approved by the Governor May 30, 2001

 

Filed in the office of Secretary of State May 30, 2001

 

Effective date January 1, 2002

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