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 2952
House Bill 2986
Sponsored by Representative BECK
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 landowner considering conveying conservation or highway
scenic preservation easement to apply to county assessor for
report on effect of easement on assessed value of property.
Requires property to be assessed as determined in report for
first tax year following conveyance of easement. Permits certain
adjustments to assessed value.
A BILL FOR AN ACT
Relating to easements; creating new provisions; and amending ORS
308.146.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2001 Act is added to and made
a part of ORS 271.715 to 271.795. + }
SECTION 2. { + (1) An owner of real property considering
whether to convey a conservation easement or a highway scenic
preservation easement to a holder may apply to the county
assessor for a report on the effect of the conveyance of the
easement on the assessed value of the property upon which the
easement is to be granted.
(2) The request for the report shall be made in writing to the
assessor and shall be accompanied by:
(a) An appraisal of the property prepared by an appraiser
certified or licensed under ORS chapter 674. The appraisal shall
have been prepared within three months preceding the date that
application is made to the assessor and shall state the
appraiser's opinion of the real market value of the property both
before and after the easement is conveyed;
(b) A copy of the instrument creating the easement; and
(c) A fee in an amount determined by the assessor, as
reimbursement for the costs of preparing the report.
(3) Upon receipt of a completed application, the assessor shall
determine what the assessed value for the property would have
been had the easement been accepted and recorded by the proposed
holder for the last tax year in which a property tax statement
described in ORS 311.250 was sent to the property owner. The
assessor shall prepare a written report stating the assessor's
findings and shall send the report to the property owner. + }
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.
{ + (7)(a) Paragraph (b) of this subsection applies if:
(A) A conservation easement or highway scenic preservation
easement is in effect on the assessment date;
(B) The tax year is the first tax year in which the
conservation easement or highway scenic preservation easement is
taken into account in determining the property's assessed value;
and
(C) A report has been issued by the county assessor under
section 2 of this 2001 Act within 12 months preceding or
following the date the easement was recorded.
(b) The assessed value of the property shall be as determined
in the report issued under section 2 of this 2001 Act, but may be
further adjusted by changes in value as a result of any of the
factors described in ORS 309.115 (2), to the extent adjustments
do not cause the assessed value of the property to exceed the
property's maximum assessed value. + }
SECTION 4. { + The amendments to ORS 308.146 by section 3 of
this 2001 Act apply to tax years beginning on or after July 1,
2002. + }
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