308.490
Determining value of homes for elderly persons. (1) The Legislative Assembly finds
that ordinary methods of determining the assessed value of real property,
particularly by consideration of the cost of replacing a structure with a
similar and comparable one of equivalent utility, are not appropriate with
respect to property of nonprofit homes for elderly persons, operated by
corporations described in ORS 307.375. The Legislative Assembly declares that
the benefits inherent in operation of these homes, especially in the housing
and care furnished to elderly persons for whom this state and its political
subdivisions otherwise might be responsible, justifies the use of criteria set
out in subsection (2) of this section.
(2) In
determining the assessed value of the property of a nonprofit home for elderly
persons, operated by a corporation described in ORS 307.375, the county
assessor shall not take into account considerations of replacement cost, but
shall consider:
(a) The amount of
money or money’s worth for which the property may be exchanged within a
reasonable period of time under conditions in which both parties to the
exchange are able, willing and reasonably well informed.
(b) The gross
income that reasonably could be expected from the property if leased or rented
to the public generally, less annual operating expenses, reserves for
replacements and insurance, depreciation and taxes.
(c) The relative
supply and demand for similar properties.
(d) The relative
value of the location of the property. [1969 c.587 §8; 1981 c.624 §12; 1983
s.s. c.5 §7; 1991 c.459 §138; 1997 c.541 §202]
ASSESSMENT OF
DESIGNATED UTILITIES AND COMPANIES BY DEPARTMENT OF REVENUE
Notes of Decisions
Gangle v. Dep't of Revenue, 13 Or. Tax 343 (Or. T.C. 1995).
· cites it 12× “On appeal, the Oregon Supreme Court concluded that this court erred in construing ORS 308.490 and remanded the matter for further proceedings.”
Hope Vill., Inc. v. Dep't of Revenue, 17 Or. Tax 370 (Or. T.C. 2004).
· cites it 44× “1 Each question relates to the construction of ORS 308.490, 2 a statute that both parties agree dictates the method of valuation for the property in question, a nonprofit home for the elderly.”
Polk Cnty. v. Dep't of Revenue, 14 Or. Tax 566 (Or. T.C. 1999).
· cites it 16× “County asserts that the real market value as determined under ORS 308.490 1 is substantially greater than the amount determined by Defendant.”
Gangle v. Dep't of Revenue, 887 P.2d 784 (Or. 1995).
· cites it 8× “The issue presented concerns the proper interpretation of a tax valuation statute, ORS 308.490. Specifically, taxpayer and the Tax Court disagree about whether ORS 308.”
Linus Oakes, Inc. v. Dep't of Revenue, 14 Or. Tax 412 (Or. T.C. 1998).
· cites it 5× “375 1 and denied special valuation under ORS 308.490. The Department of Revenue (department) upheld the assessor, and taxpayer appealed to this court.”
Linus Oakes, Inc. v. Dep't of Revenue, 15 Or. Tax 186 (Or. T.C. 2000).
· cites it 3× “ANALYSIS As property that does not qualify for special assessment under ORS 308.490, the subject must be assessed at its real market value.”
St. Catherine's Residence, Inc. v. Dep't of Revenue, 14 Or. Tax 500 (Or. T.C. 1998).
· cites it 5× “By cross motions for summary judgment, the parties ask the court to construe ORS 308.490, 1 which directs how nonprofit homes for the elderly are to be assessed.”
Gangle v. Dep't of Revenue, 13 Or. Tax 10 (Or. T.C. 1994).
· cites it 2× “However, as he interprets ORS 308.490(2), he believes this approach is proper.”
Polk Cnty. v. Dep't of Revenue, 14 Or. Tax 476 (Or. T.C. 1998).
· cites it 6× “In general terms, Intervenor’s motion seeks a declaration that assessment of homes for the elderly under ORS 308.490 1 is not limited to homes that serve low income or poor people.”
— Or. Rev. Stat. § 308.490(1) — 5 cases
Gangle v. Dep't of Revenue, 13 Or. Tax 343 (Or. T.C. 1995).
“On appeal, the Oregon Supreme Court concluded that this court erred in construing ORS 308.490 and remanded the matter for further proceedings.”
Hope Vill., Inc. v. Dep't of Revenue, 17 Or. Tax 370 (Or. T.C. 2004).
“1 Each question relates to the construction of ORS 308.490, 2 a statute that both parties agree dictates the method of valuation for the property in question, a nonprofit home for the elderly.”
Polk Cnty. v. Dep't of Revenue, 14 Or. Tax 566 (Or. T.C. 1999).
“County asserts that the real market value as determined under ORS 308.490 1 is substantially greater than the amount determined by Defendant.”
Polk Cnty. v. Dep't of Revenue, 14 Or. Tax 476 (Or. T.C. 1998).
“In general terms, Intervenor’s motion seeks a declaration that assessment of homes for the elderly under ORS 308.490 1 is not limited to homes that serve low income or poor people.”
— Or. Rev. Stat. § 308.490(2) — 3 cases
Gangle v. Dep't of Revenue, 13 Or. Tax 343 (Or. T.C. 1995).
“On appeal, the Oregon Supreme Court concluded that this court erred in construing ORS 308.490 and remanded the matter for further proceedings.”
Gangle v. Dep't of Revenue, 887 P.2d 784 (Or. 1995).
“The issue presented concerns the proper interpretation of a tax valuation statute, ORS 308.490. Specifically, taxpayer and the Tax Court disagree about whether ORS 308.”
Gangle v. Dep't of Revenue, 13 Or. Tax 10 (Or. T.C. 1994).
“However, as he interprets ORS 308.490(2), he believes this approach is proper.”
— Or. Rev. Stat. § 308.490(2)(a) — 1 case
Hope Vill., Inc. v. Dep't of Revenue, 17 Or. Tax 370 (Or. T.C. 2004).
“1 Each question relates to the construction of ORS 308.490, 2 a statute that both parties agree dictates the method of valuation for the property in question, a nonprofit home for the elderly.”
— Or. Rev. Stat. § 308.490(2)(b) — 5 cases
Gangle v. Dep't of Revenue, 13 Or. Tax 343 (Or. T.C. 1995).
“On appeal, the Oregon Supreme Court concluded that this court erred in construing ORS 308.490 and remanded the matter for further proceedings.”
Hope Vill., Inc. v. Dep't of Revenue, 17 Or. Tax 370 (Or. T.C. 2004).
“1 Each question relates to the construction of ORS 308.490, 2 a statute that both parties agree dictates the method of valuation for the property in question, a nonprofit home for the elderly.”
Gangle v. Dep't of Revenue, 887 P.2d 784 (Or. 1995).
“The issue presented concerns the proper interpretation of a tax valuation statute, ORS 308.490. Specifically, taxpayer and the Tax Court disagree about whether ORS 308.”
Polk Cnty. v. Dep't of Revenue, 14 Or. Tax 566 (Or. T.C. 1999).
“County asserts that the real market value as determined under ORS 308.490 1 is substantially greater than the amount determined by Defendant.”
— Or. Rev. Stat. § 308.490(2)(c) — 1 case
Hope Vill., Inc. v. Dep't of Revenue, 17 Or. Tax 370 (Or. T.C. 2004).
“1 Each question relates to the construction of ORS 308.490, 2 a statute that both parties agree dictates the method of valuation for the property in question, a nonprofit home for the elderly.”
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