2017 ORS 309.115¹
Effect of real market value correction upon appeal
  • exceptions

(1) If the Department of Revenue, the board of property tax appeals or the tax court or other court enters an order correcting the real market value of a separate assessment of property and there is no further appeal from that order, except as provided under subsection (2) or (3) of this section, the value so entered shall be the real market value entered on the assessment and tax rolls for the five assessment years next following the year for which the order is entered.

(2) Notwithstanding subsection (1) of this section, the following adjustments may be made to the real market value during the period described in subsection (1) of this section:

(a) Annual trending or indexing applied to all properties of the same property class in the county, or within clearly defined areas of the county under this chapter.

(b) Annual trending or depreciation factors applied to similar property.

(c) Additions or retirements based upon returns filed under ORS 308.290 (Returns).

(d) Additions, retirements or economic trending from the annual valuations under ORS 308.505 (Definitions for ORS 308.505 to 308.681) to 308.681 (Annual report to legislature on ORS 308.677).

(e) Increases directly related to additions, remodeling or rehabilitation made to property.

(f) Changes directly related to subdividing or partitioning the property.

(g) Changes directly related to rezoning the property and using the property consistent with the rezoning.

(h) Property damaged, destroyed or otherwise subject to loss of real market value.

(3) In the case of state-appraised industrial property as defined in ORS 306.126 (Appraisal of industrial property by department), subsection (1) of this section does not apply to changes in real market value as a result of:

(a) Annual trending or depreciation factors applied by type of property to industrial or personal property;

(b) Additions or retirements based upon returns filed under ORS 308.290 (Returns); or

(c) Property damaged, destroyed or otherwise subject to loss of real market value.

(4) If, during the five-year period described in subsection (1) of this section, another order correcting the real market value of the property subject to subsection (1) of this section is entered, subsection (1) of this section shall apply for the five years next following the year the later order is entered. [1989 c.678 §2; 1991 c.459 §198a; 1995 c.650 §65; 1997 c.154 §§45,46; 1997 c.541 §§234,235; 1999 c.579 §28; 2001 c.6 §1; 2015 c.36 §12]

Notes of Decisions

This sec­tion does not bar taxpayer from ap­pealing on ground that tax administrator incorrectly applied sec­tion in adjusting prop­erty value; but taxpayer may not ap­peal true cash value and at same time claim benefit of this sec­tion. Pacificorp v. Dept. of Rev., 11 OTR 463 (1990)

This sec­tion does not prevent assessor from increasing assessed value based on trending. Surrett v. Dept. of Rev., 12 OTR 81 (1991)

Where, with certain excep­tions, value of prop­erty ordered on ap­peal for tax year is fixed for next five years pursuant to this sec­tion, evidence showing lesser value for prop­erty for year fixed will be disregarded in making determina­tion of value for later year under trending excep­tion. Kashani v. Dept. of Rev., 12 OTR 143 (1992)

Chapter 309

Law Review Cita­tions

5 EL 516 (1975)

1 Legislative Counsel Committee, CHAPTER 309—Board of Property Tax Appeals; Ratio Studies, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors309.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 309, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano309.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.