2011 ORS § 310.165¹
Partially exempt or specially assessed property
  • treatment of additional taxes imposed upon disqualification from special assessment or exemption

(1) For any unit of property partially exempt from tax under ORS 307.250 (Property of veterans or surviving spouses), 307.370 (Property of nonprofit homes for elderly persons), 308.459 (Valuation of rehabilitated property not to be increased) or 358.480 (Definitions for ORS 358.480 to 358.545) to 358.545 (Rules) or any other law, the assessor shall determine the maximum amount of taxes on property to be imposed on such property under ORS 310.150 (Segregation into categories), by using the lesser of the real market value or the taxable value of the property after the exemption has been applied.

(2) For any land that is specially assessed for ad valorem tax purposes under ORS 308A.050 (Legislative intent) to 308A.128 (Certain district assessments inapplicable to exclusive farm use zone farmland), 308A.250 (Definitions for ORS 308A.250 to 308A.259) to 308A.259 (Disqualification of homesite), 308A.315 (Determination of maximum assessed value and assessed value of open space lands), 321.257 (Definitions for ORS 321.257 to 321.390) to 321.390 (Land used to grow certain hardwood to be assessed as farm use land), 321.700 (Definitions for ORS 321.700 to 321.754) to 321.754 (Eastern Oregon Timber Severance Tax Fund) or 321.805 (Definitions for ORS 321.805 to 321.855) to 321.855 (Land used to grow certain hardwood to be assessed as farm use land), the assessor shall determine the maximum amount of taxes on property to be imposed on such property under ORS 310.150 (Segregation into categories) by using the lesser of the real market value or the specially assessed value of the property.

(3) In the case of any unit of property of which a part of the unit is exempt from taxation, and that part may be identified both as to value and physical description, the real market value of the unit shall not include the value of the exempt part of the unit.

(4) If any unit of property described in subsection (1) or (2) of this section for which the maximum amount of taxes imposed has been determined under this section is subject to imposition of additional taxes due to disqualification from special assessment or partial exemption, the determination of the maximum amount of additional taxes that may be imposed due to disqualification shall be made on the basis of the real market value of the property for the year to which the additional taxes relate. [1991 c.459 §216; 1993 c.270 §50; 1993 c.801 §37b; 1999 c.314 §65; 2001 c.114 §24; 2001 c.540 §21; 2003 c.454 §§104,106; 2003 c.621 §95]