2011 ORS § 308.510¹
Real and personal property classified for ORS 308.505 to 308.665

For purposes of assessing property under ORS 308.505 (Definitions for ORS 308.505 to 308.665) to 308.665 (Railroad car exemption):

(1) All land of any railroad, logging road, electric rail or railroad switching and terminal company, including land used or held and claimed exclusively as right of way, with all the tracks and substructures and superstructures that support the right of way, together with all buildings or other structures or improvements, without separating the land and improvements, is real property. Vehicles and any other property is personal property.

(2) All land of any company is real property. Except as provided in subsection (1) of this section, all buildings, structures, improvements of any kind or fixtures of a permanent character of any kind that are located on land that is owned or used by a company is real property. All other property owned or used by a company is personal property.

(3)(a) Except as provided in ORS 308.517 (To whom property assessed) (2) and paragraphs (b) and (c) of this subsection, the renting, leasing, chartering or otherwise assigning of property exclusively for the use or benefit of another does not constitute a use by the lessor.

(b) A lessor shall be deemed the user of property rented, leased or otherwise furnished by the lessor to the employees of the lessor as an incident of employment.

(c) A rail transportation company shall be deemed the user of property located within the rail transportation companys station ground reservations or rights of way, notwithstanding that the property may be leased, rented or otherwise assigned by the rail transportation company for the use or benefit of another.

(4) Property found by the Department of Revenue to have an integrated use for or in more than one business, service or sale, where at least one such business, service or sale is one enumerated in ORS 308.515 (Department to make annual assessment of designated utilities and companies), shall be classified by the department as being within or without the definition of property under ORS 308.505 (Definitions for ORS 308.505 to 308.665), according to the primary use of such property, as determined by the department.

(5) For purposes of determining the maximum assessed value of property under section 11, Article XI of the Oregon Constitution, property means all property assessed to each company that is subject to assessment under ORS 308.505 (Definitions for ORS 308.505 to 308.665) to 308.665 (Railroad car exemption). [Amended by 1957 c.711 §2; 1977 c.602 §2; 1997 c.154 §32; 1997 c.541 §203; 2003 c.46 §18; 2009 c.128 §4]