2011 ORS § 307.010¹
Definition of real property and land
- • timber and mineral interests in real property
(1) As used in the property tax laws of this state:
(a) Land means land in its natural state. For purposes of assessment of property subject to assessment at assessed value under ORS 308.146 (Determination of maximum assessed value and assessed value), land includes any site development made to the land. As used in this paragraph, site development includes fill, grading, leveling, underground utilities, underground utility connections and any other elements identified by rule of the Department of Revenue.
(b) Real property includes:
(A) The land itself, above or under water;
(B) All buildings, structures, improvements, machinery, equipment or fixtures erected upon, above or affixed to the land;
(C) All mines, minerals, quarries and trees in, under or upon the land;
(D) All water rights and water powers and all other rights and privileges in any way appertaining to the land; or
(E) Any estate, right, title or interest whatever in the land or real property, less than the fee simple.
(2) Where the grantor of land has, in the instrument of conveyance, reserved or conveyed:
(a) Any of the timber standing upon the land, with the right to enter upon the ground and remove the timber, the ownership of the standing timber so reserved or conveyed is an interest in real property.
(b) The right to enter upon and use any of the surface ground necessary for the purpose of exploring, prospecting for, developing or otherwise extracting any gold, silver, iron, copper, lead, coal, petroleum, gases, oils or any other metals, minerals or mineral deposits in or upon the land, such right is an interest in real property. [Amended by 1987 c.756 §19; 1991 c.459 §37; 1997 c.541 §98; 2003 c.46 §10]