2015 ORS 358.540¹
Requirements for second term of historic property special assessment

(1) Property classified as historic property under ORS 358.487 (Application for classification and special assessment as historic property) to 358.543 (Assessment of new construction and additions) is entitled to any other exemption or special assessment provided by law.

(2) Property that has been certified for special assessment under ORS 358.490 (Review and approval of application) and received special assessment under ORS 358.505 (Determination of specially assessed value, maximum assessed value and assessed value of historic property) for 10 years, at the completion of the 10-year term, is disqualified from historic property special assessment.

(3)(a) Notwithstanding subsection (2) of this section, following completion of the initial 10-year period of historic property classification and disqualification under subsection (2) of this section, the owner of property classified as historic property may reapply under ORS 358.487 (Application for classification and special assessment as historic property) for one additional 10-year period of special assessment under ORS 358.487 (Application for classification and special assessment as historic property) to 358.543 (Assessment of new construction and additions).

(b) Following completion of the second 10-year term of special assessment, the historic property is disqualified from historic property special assessment and is not again eligible for special assessment under ORS 358.487 (Application for classification and special assessment as historic property) to 358.543 (Assessment of new construction and additions).

(4) An application filed under subsection (3) of this section must be filed in the manner provided under ORS 358.487 (Application for classification and special assessment as historic property) and be accompanied by a preservation plan detailing:

(a) Improvements to the historic property that:

(A) Promote compliance with the Americans with Disabilities Act;

(B) Will result in seismic improvement; or

(C) Will result in improvements in energy conservation or sustainability;

(b) The costs associated with the improvements, which costs are in an amount not less than 10 percent of the historic propertys real market value determined as of the date of the application filed under subsection (3) of this section; and

(c) A schedule of the dates on which work on the improvements will be begun and completed.

(5)(a) An application filed under subsection (3) of this section may be approved only upon a finding by the State Historic Preservation Officer that the preservation plan submitted with the application pursuant to subsection (4) of this section will, if implemented, result in a significant investment in the historic property that promotes compliance with Americans with Disabilities Act or that results in seismic improvements or improvements in energy conservation or sustainability to the property.

(b) For residential property, an application filed under subsection (3) of this section that is otherwise in compliance with the application requirements may be approved only if a second term of historic property classification and special assessment is not prohibited under ORS 358.541 (City or county prohibition of second term).

(6) An application for a second 10-year period of special assessment as historical property shall be certified in accordance with ORS 358.490 (Review and approval of application).

(7) A determination under ORS 358.490 (Review and approval of application) with respect to an application for a second 10-year period of special assessment as historical property is subject to the notice, certification and filing requirements and review rights described in ORS 358.495 (Notice of approval or disapproval).

(8) The owner of property certified for a second 10-year period of special assessment under this section is subject to the reporting requirements under ORS 358.500 (Reporting requirement).

(9) Property certified for a second 10-year period of special assessment under this section is subject to penalties upon disqualification as provided by ORS 358.525 (Imposition of additional taxes upon disqualification). [1975 c.514 §10; 1983 c.720 §10; 1995 c.5 §14; 1995 c.693 §11; 2001 c.540 §15; 2005 c.549 §1; 2007 c.718 §2; 2009 c.892 §11]

Note: See note under 358.487 (Application for classification and special assessment as historic property).

Notes of Decisions

Historic prop­erty specially assessed under statutes in effect on December 31, 1992, is subject to disqualifica­tion from special assess­ment at end of statutory period. Haynie v. Depart­ment of Revenue, 19 OTR 488 (2008)

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), affd 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—Oregon Historical and Heritage Agencies, Programs and Tax Provisions; Museums; Local Symphonies and Bands; Archaeological Objects and Sites, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors358.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 358, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano358.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.