ORS 307.320¹
Deciduous trees, shrubs, plants, crops, cultured Christmas trees or hardwood on agricultural land

The value of any deciduous trees, shrubs, plants or crops, whether annual or perennial, and any cultured Christmas trees, as defined in ORS 215.203 (Zoning ordinances establishing exclusive farm use zones), or timber described under ORS 321.267 (Lands not eligible for special assessment) (3) or 321.824 (Lands not eligible for special assessment) (3), growing upon agricultural land devoted to agricultural purposes, shall be exempt from assessment and taxation and shall not be deemed real property under the provisions of ORS 307.010 (Definition of "real property" and "land"). [1957 c.615 §1; 1983 c.657 §4; 1985 c.565 §53; 1989 c.887 §6; 1991 c.714 §5; 2003 c.454 §118; 2003 c.621 §79a]

Notes of Decisions

Comparable sales of orchards were used to determine true cash value of orchard land without trees. Hulburt v. Dept. of Rev., 4 OTR 475 (1971)

The legislature intended to exempt only those trees, shrubs, plants and crops tradi­tionally considered as part of soil in which they grow and therefore made "real prop­erty" as matter of law by ORS 307.010 (Definition of "real property" and "land") as well as by custom, but did not intend to exempt plants grown entirely in movable containers. Salem Nursery, Inc. v. Dept. of Rev., 4 OTR 482 (1971), aff'd 262 Or 187, 497 P2d 371 (1972)

Chapter 307

Atty. Gen. Opinions

Validity of ad valorem and severance taxa­tion of logs destined for export, (1975) Vol 37, p 427; applica­tion of Article XI, sec­tion 11b of Oregon Constitu­tion to this chapter, (1990) Vol 46, p 388

Law Review Cita­tions

5 EL 516 (1975)

1 Legislative Counsel Committee, CHAPTER 307—Property Subject to Taxation; Exemptions, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors307.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 307, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­307ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information