2007 ORS 358.480¹
Definitions for ORS 358.480 to 358.545

As used in ORS 358.480 (Definitions for ORS 358.480 to 358.545) to 358.545 (Rules of State Historic Preservation Officer), unless the context requires otherwise:

(1) "Governing body" means the city or county legislative body having jurisdiction over the property for which a limited assessment may be applied for under ORS 358.480 (Definitions for ORS 358.480 to 358.545) to 358.545 (Rules of State Historic Preservation Officer).

(2) "Historic property" means real property that:

(a) Is currently listed in the National Register of Historic Places established and maintained under the National Historic Preservation Act of 1966 (P.L. 89-665) or, if the National Register of Historic Places ceases accepting nominations, that is approved for listing on an Oregon register of historic places;

(b) Is open to the public for sight-seeing at least one day in each calendar year in accordance with rules adopted by the State Historic Preservation Officer; and

(c) Meets the minimum standards of maintenance established by rule of the State Historic Preservation Officer.

(3) "Maintenance" means action taken to mitigate wear and deterioration of a historic property without altering the historic character of the property, including action taken to protect and repair the condition of the property with the least possible impact on the historic character of the property.

(4) "Owner" includes a purchaser under a recorded instrument of sale.

(5) "Preservation":

(a) Means the act or process of applying measures necessary to sustain the existing form, integrity and materials of a historic property, including but not limited to the ongoing maintenance and repair of historic materials.

(b) Does not include the extensive replacement of historic materials or new construction.

(6) "Rehabilitation" means the process of repairing or altering a historic property in order to return the property to a state of utility in which an efficient contemporary use is possible, while preserving those portions and features of the property that are significant to the historic, architectural and cultural values of the property. [1975 c.514 §2; 1983 c.720 §1; 2001 c.540 §2]

Notes of Decisions

Historic prop­erty is "currently listed" if listed at time of event referenced in particular statutory pro­vi­sion. Multnomah County v. Talbot, 56 Or App 235, 641 P2d 617 (1982), aff'd 294 Or 478, 657 P2d 684 (1983)

Notes of Decisions

These sec­tions are not tax laws which under ORS 305.410 (Authority of court in tax cases within its jurisdiction) can be reviewed only by the Tax Court. Multnomah County v. Talbot, 56 Or App 235, 641 P2d 617 (1982), aff'd 294 Or 478, 657 P2d 684 (1983)

Atty. Gen. Opinions

Proper assess­ment date for prop­erty classified as historic prop­erty, (1977) Vol 38, p 995

1 Legislative Counsel Committee, CHAPTER 358—Museums; Historical Societies; Preservation of Historical and Archaeological Properties and Objects; Oregon Historic Families Database, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­358.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 358, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­358ano.­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.