71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2429
House Bill 2612
Sponsored by COMMITTEE ON JUDICIARY (at the request of Oregon
Association of County Clerks)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Permits board of property tax appeals to hear appeals of
assessed value of property that is determined as of July 1
assessment date due to damage or destruction of property.
Eliminates duplicative statutory provisions.
A BILL FOR AN ACT
Relating to taxation; creating new provisions; and amending ORS
308.146, 308.428 and 309.026.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 309.026 is amended to read:
309.026. (1) The board of property tax appeals may convene on
or after the first Monday in February of each year, but not later
than the date necessary for the board to complete the functions
of the board by April 15. The board shall meet at the courthouse
or courthouse annex. If the meeting place is other than the
courthouse or annex, notice of the meeting place shall be posted
daily in the courthouse. The board shall continue its sessions
from day to day, exclusive of legal holidays, until the functions
provided in subsections (2) and (3) of this section are
completed.
(2) The board shall hear petitions for the reduction of:
(a) The assessed value or specially assessed value of property
as of January 1 { + or as determined under ORS + }
{ + 308.428 + };
(b) The real market value of property as of January 1 { + or
as determined under ORS 308.428 + };
(c) The maximum assessed value of property as of January 1 { +
or as determined under ORS 308.428 + }; and
(d) Corrections to value made under ORS 311.208.
(3) The board shall hear petitions for the reduction of value
as provided in subsection (2) of this section, but only if the
value that is the subject of the petition was added to the roll
prior to December 1 of the tax year.
(4) The board shall consider applications to waive liability
for all or a portion of the penalty imposed under ORS 308.295 or
308.296.
(5) The board shall adjourn no later than April 15.
SECTION 2. { + The amendments to ORS 309.026 by section 1 of
this 2001 Act apply to appeals made to a board of property tax
appeals on or after the effective date of this 2001 Act. + }
SECTION 3. ORS 308.146 is amended to read:
308.146. (1) The maximum assessed value of property shall equal
103 percent of the property's assessed value from the prior year
or 100 percent of the property's maximum assessed value from the
prior year, whichever is greater.
(2) Except as provided in subsections (3) and (4) of this
section, the assessed value of property to which this section
applies shall equal the lesser of:
(a) The property's maximum assessed value; or
(b) The property's real market value.
(3) Notwithstanding subsections (1) and (2) of this section,
the maximum assessed value and assessed value of property shall
be determined as provided in ORS 308.149 to 308.166 if:
(a) The property is new property or new improvements to
property;
(b) The property is partitioned or subdivided;
(c) The property is rezoned and used consistently with the
rezoning;
(d) The property is first taken into account as omitted
property;
(e) The property becomes disqualified from exemption, partial
exemption or special assessment; or
(f) A lot line adjustment is made with respect to the property,
except that the total assessed value of all property affected by
a lot line adjustment shall not exceed the total maximum assessed
value of the affected property under paragraph (a) or (b) of this
subsection.
(4) Notwithstanding subsections (1) and (2) of this section, if
property is subject to partial exemption or special assessment,
the property's maximum assessed value and assessed value shall be
determined as provided under the provisions of law granting the
partial exemption or special assessment.
(5)(a) Notwithstanding subsection (1) of this section, when a
portion of property is destroyed or damaged due to fire or act of
God, for the year in which the destruction or damage is reflected
by a reduction in real market value, the maximum assessed value
of the property shall be reduced to reflect the loss from fire or
act of God.
(b) This subsection does not apply:
(A) To any property that is assessed under ORS 308.505 to
308.665.
(B) If the damaged or destroyed property is property that, when
added to the assessment and tax roll, constituted minor
construction for which no adjustment to maximum assessed value
was made.
(c) As used in this subsection, 'minor construction' has the
meaning given that term in ORS 308.149.
{ - (6)(a) If, during the period beginning on January 1 and
ending on July 1 of an assessment year, any real or personal
property is destroyed or damaged, the owner or purchaser under a
recorded instrument of sale in the case of real property, or the
person assessed, person in possession or owner in the case of
personal property, may apply to the county assessor to have the
real market and assessed value of the property determined as of
July 1 of the current assessment year. - }
{ - (b) The person described in paragraph (a) of this
subsection shall file an application for assessment under this
section with the county assessor on or before August 1 of the
current year. - }
{ - (c) If the conditions described in this subsection are
applicable to the property, then notwithstanding ORS 308.210, the
property shall be assessed as of July 1, at 1:00 a.m. of the
assessment year, in the manner otherwise provided by law. - }
SECTION 4. ORS 308.428 is amended to read:
308.428. (1) If, during the period beginning on January 1 and
ending on July 1 of an assessment year, any real or personal
property is destroyed or damaged { - by fire or act of God - }
, the owner or purchaser under a recorded instrument of sale in
the case of real property, or the person assessed, person in
possession or owner in the case of personal property, may apply
to the county assessor to have the real market and assessed value
of the property determined as of July 1 of the current assessment
year.
(2) The person described in subsection (1) of this section
shall file an application for assessment under this section with
the county assessor on or before August 1 of the current year.
(3) If the conditions described in subsection (1) of this
section are applicable to the property, then notwithstanding ORS
308.210, the property shall be assessed as of July 1, at 1:00
a.m. of the assessment year, in the manner otherwise provided by
law.
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