308.146
Determination of maximum assessed value and assessed value; reduction in
maximum assessed value following property destruction; effect of conservation
or highway scenic preservation easement. (1) The maximum assessed value of property equals 103
percent of the property’s assessed value from the prior year or 100 percent of
the property’s maximum assessed value from the prior year, whichever is
greater.
(2) Except as
provided in subsections (3) and (4) of this section, the assessed value of
property to which this section applies equals the lesser of:
(a) The property’s
maximum assessed value; or
(b) The property’s
real market value.
(3)
Notwithstanding subsections (1) and (2) of this section, the maximum assessed
value and assessed value of property must be determined as provided in ORS
308.149 to 308.166 if:
(a) The property
is new property or new improvements to property;
(b) The property
is partitioned or subdivided;
(c) The property
is rezoned and used consistently with the rezoning;
(d) The property
is first taken into account as omitted property;
(e) The property
becomes disqualified from exemption, partial exemption or special assessment;
or
(f) A lot line
adjustment is made with respect to the property, except that the total assessed
value of all property affected by a lot line adjustment may not exceed the
total maximum assessed value of the affected property under subsection (1) of
this section.
(4)
Notwithstanding subsections (1) and (2) of this section, if property is subject
to partial exemption or special assessment, the property’s maximum assessed
value and assessed value must be determined as provided under the provisions of
law governing the partial exemption or special assessment.
(5)(a)
Notwithstanding subsection (1) of this section, when a portion of property is
destroyed or damaged due to fire or act of God, for the year in which the
destruction or damage is reflected by a reduction in real market value, the
maximum assessed value of the property must be reduced to reflect the loss from
fire or act of God.
(b) This
subsection does not apply:
(A) To any
property that is assessed under ORS 308.505 to 308.674.
(B) If the
damaged or destroyed property is property that, when added to the assessment
and tax roll, constituted minor construction for which no adjustment to maximum
assessed value was made.
(c) As used in
this subsection, “minor construction” has the meaning given that term in ORS
308.149.
(6)(a) If, during
the period beginning on January 1 and ending on July 1 of an assessment year,
any real or personal property is destroyed or damaged, the owner or purchaser
under a recorded instrument of sale in the case of real property, or the person
assessed, person in possession or owner in the case of personal property, may
apply to the county assessor to have the real market value and assessed value
of the property determined as of July 1 of the current assessment year.
(b) The person
described in paragraph (a) of this subsection must file the application for
assessment under this section with the county assessor on or before the later
of:
(A) August 1 of
the current year; or
(B) The 60th day
following the date on which the property was damaged or destroyed.
(c)
Notwithstanding paragraph (b) of this subsection, an application may be filed
under this subsection on or before December 31 of the current assessment year,
if the application is accompanied by a late filing fee of the greater of $200
or one-tenth of one percent of the real market value as of the most recent
assessment date of the property to which the application relates. The county
assessor shall deposit a late filing fee collected under this paragraph in the
county general fund.
(d) If the
conditions described in this subsection are applicable to the property, then
notwithstanding ORS 308.210, the property must be assessed as of July 1, at
1:00 a.m. of the assessment year, in the manner otherwise provided by law.
(7)(a) Paragraph
(b) of this subsection applies if:
(A) A
conservation easement or highway scenic preservation easement is in effect on
the assessment date;
(B) The tax year
is the first tax year in which the conservation easement or highway scenic
preservation easement is taken into account in determining the property’s
assessed value; and
(C) A report has
been issued by the county assessor under ORS 271.729 within 12 months preceding
or following the date the easement was recorded.
(b) The assessed
value of the property must be as determined in the report issued under ORS
271.729, but may be further adjusted by changes in value as a result of any of
the factors described in ORS 309.115 (2), to the extent adjustments do not
cause the assessed value of the property to exceed the property’s maximum
assessed value.
(8)(a)
Notwithstanding subsection (1) of this section, when a building is demolished
or removed from property, for the year in which the demolition or removal of
the building is reflected by a reduction in real market value, the maximum
assessed value of the property may be reduced to reflect the demolition or
removal of the building.
(b) This
subsection does not apply:
(A) To any
property that is assessed under ORS 308.505 to 308.674.
(B) If the
demolished or removed property is property that, when added to the assessment
and tax roll, constituted minor construction for which no adjustment to maximum
assessed value was made.
(c) To receive
the reduction in maximum assessed value of the property under this subsection,
the property owner must file an application with the county assessor after the
demolition or removal and on or before December 31 following the assessment
date if the demolition or removal occurred:
(A) Before the
January 1 assessment date; or
(B) During the
period beginning January 1 and ending on the July 1 assessment date if the
property owner has applied to have the real market value and assessed value of
the property determined under subsection (6) of this section.
(d) As used in
this subsection:
(A) “Minor
construction” has the meaning given that term in ORS 308.149.
(B) “Property
owner” means an owner or purchaser under a recorded instrument of sale in the
case of real property, or the person assessed, person in possession or owner in
the case of personal property. [1997 c.541 §6; 1999 c.1003 §1; 2001 c.925 §12;
2003 c.46 §15; 2003 c.169 §7; 2007 c.450 §1; 2007 c.516 §1; 2009 c.443 §1; 2015
c.92 §1; 2015 c.480 §1]
(Special Determinations
of Value)
Notes of Decisions
Comcast Corp. III v. Dept. of Rev. (TC 4909), 22 Or. Tax 233 (Or. T.C. 2016).
· cites it 9× “For both central and local assessment, that is to be done pursuant to ORS 308.146 and will be determined under one set of rules: the rules of ORS 308.”
Dep't of Revenue v. River's Edge Investments, LLC, 377 P.3d 540 (Or. 2016).
· cites it 6× “First, the Tax Court noted that Measure 50 caps maximum assessed value increases at three percent per *832 year, see ORS 308.146, and for purposes of complying with Measure 50, “property” means “¿[a] 11 property included within a single property tax account.”
Douglas Cnty. Assessor v. Crawford, 21 Or. Tax 6 (Or. T.C. 2012).
· cites it 12× “The position of taxpayer and the magistrate is that, given the facts as proven in the Magistrate Division—that all improvements were made before January 1, 2009, the only exception value provision of ORS 308.146 available to the county is that applicable to omitted property.”
Linstrom v. Dept. of Rev., 24 Or. Tax 223 (Or. T.C. 2020).
· cites it 8× “Finally, the court concluded that Plaintiff missed the deadline under ORS 308.146(8) to assert a MAV reduction on the ground of a physical removal of a building.”
Work v. Dept. of Rev., 22 Or. Tax 396 (Or. T.C. 2017).
· cites it 3× “See ORS 308.146; Comcast Corp III, 22 OTR at 235.”
Chart Dev. Corp. v. Dep't of Revenue, 17 Or. Tax 170 (Or. T.C. 2003).
· cites it 8× “428 (1999) and other matters, are addressed by Oregon Laws 1997, chapter 541, section 2, which, as amended by Oregon Laws 1999, chapter 1003, section 3, provides, in relevant part: “(1) Notwithstanding ORS 308.146 and unless section 3, chapter 541, Oregon Laws 1997, applies, for…”
Work v. Dep't of Revenue, 429 P.3d 375 (Or. 2018).
· cites it 2× “In a rising market, the maximum assessed value often will be lower than the real market value and thus will establish the assessed value on which property taxes are calculated. ORS 305.288(3) provides: "The tax court [the magistrate division or the regular division] may order a…”
Allen v. Dep't of Revenue, 17 Or. Tax 248 (Or. T.C. 2003).
“ORS 308.146(2). 3 ORS 308.205(1) defines RMV, in relevant part, as: “[T]he amount in cash that could reasonably be expected to be paid by an informed buyer to an informed seller, each acting without compulsion in an arm’s length transaction occurring as of the assessment date…”
Salisbury v. Dept. of Rev., 24 Or. Tax 497 (Or. T.C. 2021).
· cites it 2× “153; ORS 308.146(1) (growth in maximum assessed value capped at three percent annually unless an exception applies).”
AKS LLC v. Dept. of Rev., 23 Or. Tax 300 (Or. T.C. 2019).
· cites it 5× ““* * * * * “(5) The property’s maximum assessed value shall be the sum of: “(a) The maximum assessed value determined under ORS 308.146 that is allocable to that portion of the property not affected by an event described in subsection (1), (2), (3) or (4)(a) of this section; and…”
— Or. Rev. Stat. § 308.146(1) — 64 cases
Work v. Dept. of Rev., 22 Or. Tax 396 (Or. T.C. 2017).
“See ORS 308.146; Comcast Corp III, 22 OTR at 235.”
Comcast Corp. III v. Dept. of Rev. (TC 4909), 22 Or. Tax 233 (Or. T.C. 2016).
“For both central and local assessment, that is to be done pursuant to ORS 308.146 and will be determined under one set of rules: the rules of ORS 308.”
Douglas Cnty. Assessor v. Crawford, 21 Or. Tax 6 (Or. T.C. 2012).
“The position of taxpayer and the magistrate is that, given the facts as proven in the Magistrate Division—that all improvements were made before January 1, 2009, the only exception value provision of ORS 308.146 available to the county is that applicable to omitted property.”
Dep't of Revenue v. River's Edge Investments, LLC, 377 P.3d 540 (Or. 2016).
“First, the Tax Court noted that Measure 50 caps maximum assessed value increases at three percent per *832 year, see ORS 308.146, and for purposes of complying with Measure 50, “property” means “¿[a] 11 property included within a single property tax account.”
Work v. Dep't of Revenue, 429 P.3d 375 (Or. 2018).
“In a rising market, the maximum assessed value often will be lower than the real market value and thus will establish the assessed value on which property taxes are calculated. ORS 305.288(3) provides: "The tax court [the magistrate division or the regular division] may order a…”
— Or. Rev. Stat. § 308.146(2) — 80 cases
Dep't of Revenue v. River's Edge Investments, LLC, 377 P.3d 540 (Or. 2016).
“First, the Tax Court noted that Measure 50 caps maximum assessed value increases at three percent per *832 year, see ORS 308.146, and for purposes of complying with Measure 50, “property” means “¿[a] 11 property included within a single property tax account.”
Allen v. Dep't of Revenue, 17 Or. Tax 248 (Or. T.C. 2003).
“ORS 308.146(2). 3 ORS 308.205(1) defines RMV, in relevant part, as: “[T]he amount in cash that could reasonably be expected to be paid by an informed buyer to an informed seller, each acting without compulsion in an arm’s length transaction occurring as of the assessment date…”
Comcast Corp. III v. Dept. of Rev. (TC 4909), 22 Or. Tax 233 (Or. T.C. 2016).
“For both central and local assessment, that is to be done pursuant to ORS 308.146 and will be determined under one set of rules: the rules of ORS 308.”
Work v. Dep't of Revenue, 429 P.3d 375 (Or. 2018).
“In a rising market, the maximum assessed value often will be lower than the real market value and thus will establish the assessed value on which property taxes are calculated. ORS 305.288(3) provides: "The tax court [the magistrate division or the regular division] may order a…”
— Or. Rev. Stat. § 308.146(3) — 23 cases
Comcast Corp. III v. Dept. of Rev. (TC 4909), 22 Or. Tax 233 (Or. T.C. 2016).
“For both central and local assessment, that is to be done pursuant to ORS 308.146 and will be determined under one set of rules: the rules of ORS 308.”
AKS LLC v. Dept. of Rev., 23 Or. Tax 300 (Or. T.C. 2019).
““* * * * * “(5) The property’s maximum assessed value shall be the sum of: “(a) The maximum assessed value determined under ORS 308.146 that is allocable to that portion of the property not affected by an event described in subsection (1), (2), (3) or (4)(a) of this section; and…”
Douglas Cnty. Assessor v. Crawford, 21 Or. Tax 6 (Or. T.C. 2012).
“The position of taxpayer and the magistrate is that, given the facts as proven in the Magistrate Division—that all improvements were made before January 1, 2009, the only exception value provision of ORS 308.146 available to the county is that applicable to omitted property.”
— Or. Rev. Stat. § 308.146(3)(a) — 28 cases
Douglas Cnty. Assessor v. Crawford, 21 Or. Tax 6 (Or. T.C. 2012).
“The position of taxpayer and the magistrate is that, given the facts as proven in the Magistrate Division—that all improvements were made before January 1, 2009, the only exception value provision of ORS 308.146 available to the county is that applicable to omitted property.”
— Or. Rev. Stat. § 308.146(3)(b) — 2 cases
— Or. Rev. Stat. § 308.146(3)(c) — 2 cases
— Or. Rev. Stat. § 308.146(3)(d) — 5 cases
Comcast Corp. III v. Dept. of Rev. (TC 4909), 22 Or. Tax 233 (Or. T.C. 2016).
“For both central and local assessment, that is to be done pursuant to ORS 308.146 and will be determined under one set of rules: the rules of ORS 308.”
Douglas Cnty. Assessor v. Crawford, 21 Or. Tax 6 (Or. T.C. 2012).
“The position of taxpayer and the magistrate is that, given the facts as proven in the Magistrate Division—that all improvements were made before January 1, 2009, the only exception value provision of ORS 308.146 available to the county is that applicable to omitted property.”
— Or. Rev. Stat. § 308.146(3)(e) — 6 cases
Douglas Cnty. Assessor v. Crawford, 21 Or. Tax 6 (Or. T.C. 2012).
“The position of taxpayer and the magistrate is that, given the facts as proven in the Magistrate Division—that all improvements were made before January 1, 2009, the only exception value provision of ORS 308.146 available to the county is that applicable to omitted property.”
Comcast Corp. III v. Dept. of Rev. (TC 4909), 22 Or. Tax 233 (Or. T.C. 2016).
“For both central and local assessment, that is to be done pursuant to ORS 308.146 and will be determined under one set of rules: the rules of ORS 308.”
— Or. Rev. Stat. § 308.146(3)(f) — 1 case
— Or. Rev. Stat. § 308.146(4) — 2 cases
— Or. Rev. Stat. § 308.146(5) — 2 cases
Salisbury v. Dept. of Rev., 24 Or. Tax 497 (Or. T.C. 2021).
“153; ORS 308.146(1) (growth in maximum assessed value capped at three percent annually unless an exception applies).”
— Or. Rev. Stat. § 308.146(5)(a) — 4 cases
Chart Dev. Corp. v. Dep't of Revenue, 17 Or. Tax 170 (Or. T.C. 2003).
“428 (1999) and other matters, are addressed by Oregon Laws 1997, chapter 541, section 2, which, as amended by Oregon Laws 1999, chapter 1003, section 3, provides, in relevant part: “(1) Notwithstanding ORS 308.146 and unless section 3, chapter 541, Oregon Laws 1997, applies, for…”
— Or. Rev. Stat. § 308.146(6) — 3 cases
Chart Dev. Corp. v. Dep't of Revenue, 17 Or. Tax 170 (Or. T.C. 2003).
“428 (1999) and other matters, are addressed by Oregon Laws 1997, chapter 541, section 2, which, as amended by Oregon Laws 1999, chapter 1003, section 3, provides, in relevant part: “(1) Notwithstanding ORS 308.146 and unless section 3, chapter 541, Oregon Laws 1997, applies, for…”
— Or. Rev. Stat. § 308.146(6)(a) — 1 case
Chart Dev. Corp. v. Dep't of Revenue, 17 Or. Tax 170 (Or. T.C. 2003).
“428 (1999) and other matters, are addressed by Oregon Laws 1997, chapter 541, section 2, which, as amended by Oregon Laws 1999, chapter 1003, section 3, provides, in relevant part: “(1) Notwithstanding ORS 308.146 and unless section 3, chapter 541, Oregon Laws 1997, applies, for…”
— Or. Rev. Stat. § 308.146(6)(b) — 1 case
— Or. Rev. Stat. § 308.146(8) — 3 cases
Linstrom v. Dept. of Rev., 24 Or. Tax 223 (Or. T.C. 2020).
“Finally, the court concluded that Plaintiff missed the deadline under ORS 308.146(8) to assert a MAV reduction on the ground of a physical removal of a building.”
— Or. Rev. Stat. § 308.146(8)(a) — 1 case
— Or. Rev. Stat. § 308.146(8)(c)(A) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.