Oregon Revised Statutes

Or. Rev. Stat. § 308A.116 (2026)

Disqualification of nonexclusive farm use zone farmland; reversal for remediation plan; additional taxes

✓ current as of May 2026
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      308A.116 Disqualification of nonexclusive farm use zone farmland; reversal for remediation plan; additional taxes. (1) Nonexclusive farm use zone farmland qualified for special assessment under ORS 308A.068 shall be disqualified from such special assessment upon:

      (a) Notification by the taxpayer to the assessor to remove the special assessment;

      (b) Sale or transfer to an ownership making it exempt from ad valorem property taxation;

      (c) Removal of the special assessment by the assessor upon the discovery that the land is no longer in farm use for failure to meet the income requirements under ORS 308A.071 or is no longer in farm use;

      (d) The act of recording a subdivision plat under the provisions of ORS chapter 92; or

      (e) Termination of a lease between a public owner of the farmland and a taxable lessee described in ORS 307.110.

      (2) The county assessor shall not disqualify the land that has been receiving special assessment upon the sale or transfer to a new owner or transfer by reason of death of a former owner to a new owner if the land continues to be used solely for farm use.

      (3) When, for any reason, the land or any portion thereof ceases to be used solely for farm use, the owner at the time of the change in use shall notify the assessor of the change prior to the next January 1 assessment date.

      (4) If under subsection (1)(d) of this section, the county assessor disqualifies land for special assessment upon the act of platting the land, the land, or a part of the land, may be requalified for special assessment upon:

      (a) Payment of all additional tax, interest or penalty that remains due and owing on the land;

      (b) Submission by the owner of an application for special assessment under ORS 308A.077;

      (c) Meeting all of the qualifications for farm use special assessment under ORS 308A.068; and

      (d) Meeting the requirements, if any, of applicable local government zoning ordinances with regard to minimum lot or parcel acreage for farm use.

      (5) The county assessor shall not disqualify land that has been receiving special assessment if the land is not being farmed because:

      (a) The effect of flooding substantially precludes normal and reasonable farming during the year; or

      (b) Severe drought conditions are declared under ORS 536.700 to 536.780.

      (6)(a) Disqualification under subsection (1)(c) of this section is reversed if the taxpayer:

      (A) Notifies the assessor in writing pursuant to ORS 308A.718 of the taxpayer’s intention to seek certification for a remediation plan; and

      (B) Files an application for a certified remediation plan with the assessor within one year after the date of disqualification.

      (b) In addition to the grounds for disqualification under subsection (1)(c) of this section, the assessor may disqualify land granted farm use special assessment pursuant to a remediation plan upon:

      (A) Discovery, or notice from an extension agent of the Oregon State University Extension Service, that the plan is not being implemented substantially as certified; or

      (B) Discovery, or notice from the owner, tenant or lessee or from an extension agent of the Oregon State University Extension Service, that the plan as certified is no longer necessary, practicable or effective.

      (7)(a) Notwithstanding ORS 308.210, 308A.068, 311.405 or 311.410, if disqualification occurs as a result of the discovery that the land is no longer in farm use, then, regardless of when during the assessment year discovery is actually made, disqualification by the county assessor shall occur as of the January 1 assessment date of the assessment year in which discovery is made.

      (b) Paragraph (a) of this subsection shall apply only if the notice of disqualification required under ORS 308A.718 is mailed by the county assessor prior to August 15 of the tax year for which the disqualification of the land is asserted.

      (8) Upon disqualification, additional taxes shall be determined as provided in ORS 308A.700 to 308A.733. [Formerly 308.390; 2009 c.776 §4; 2017 c.275 §2]

Notes of Decisions
Cited in 13 cases (2 in the last 5 years), 2004–2026 · leading case: Boardman Acquisition LLC v. Dept. of Rev., 22 Or. Tax 183 (Or. T.C. 2015).
Boardman Acquisition LLC v. Dept. of Rev., 22 Or. Tax 183 (Or. T.C. 2015). · cites it 8× “The additional taxes were imposed due to disqualification of the property from special assessment under ORS 308A.116. Plaintiff Port of Morrow (the Port) then filed its appeal in the Magistrate Division in July 2014 and requested special designation to the Regular Division and…”
Boardman Acquisition, LLC v. Dep't of Revenue, 393 P.3d 1147 (Or. 2017). · cites it 2× “ORS 308A.116 lists the events that terminate the special assessment applicable to this particular property: “(1) Nonexclusive farm use zone farmland qualified for special assessment under ORS 308A.”
Smith v. Dep't of Revenue, 17 Or. Tax 357 (Or. T.C. 2004). · cites it 2× “113 and ORS 308A.116. As mentioned above, the land in question here is nonexclusive farm use zone farmland (Non-EFU land).”
Phillips v. Deschutes Cnty. Assessor (Or. T.C. 2018). · cites it 9× “071) while a disqualification under ORS 308A.116, for no farm use, must follow OAR 150-308-1110 (renumbered from OAR 150-308A.”
Cornell Rd. LLC v. Washington Cnty. Assessor (Or. T.C. 2026). · cites it 5× “The focus is not on use; indeed, cessation of farm use would not trigger disqualification under DECISION TC-MD 250463N 10 of 12 this statute, as it does not require that farm use continue, even under a qualified purchase by a family member or tenant.”
Port of Morrow v. Morrow Cnty. Assessor, Tc-Md 091456d (or.tax 2-28-2011) (Or. T.C. 2011). · cites it 4× “*Page 5 Disqualification of nonexclusive farm use zone farmland is governed by ORS 308A.116. Subsection (1) of that statute provides in pertinent part: "Nonexclusive farm use zone farmland qualified for special assessment under ORS 308A.”
Boardman Acquisition LLC v. Morrow Cnty. Assessor (Or. T.C. 2013). · cites it 4× “The statute provides in relevant part: “(1) This section applies to land upon the land’s disqualification from special assessment under any of the following sections: “* * * * * “(b) Nonexclusive farm use zone farmland under ORS 308A.116[.] “* * * * * “(2) Following a…”
Markham v. Columbia Cnty. Assessor (Or. T.C. 2017). · cites it 2× “) In support of that assertion, Defendant cited ORS 308A.116(1)(c) and OAR 150-308-1040(2)(b).”
Holmes Fam. Trust v. Multnomah Cnty. Assessor (Or. T.C. 2025). · cites it 2× “(Def’s Reply at 4, citing ORS 308A.116 (disqualification), and ORS 308A.”
Plikat v. Douglas Cnty. Assessor, Tc-Md 101240c (or.tax 2-17-2011) (Or. T.C. 2011). · cites it 2× “ORS 308A.116(1)(c) requires the assessor to remove a property from special assessment "upon the discovery that the land is no longer in farm use for failure to meet the income *Page 3 requirements under ORS 308A.”
Kaur v. Clackamas Cnty. Assessor (Or. T.C. 2017). “Smith, 17 OTR at 363 (applying ORS 308A.116(6); ORS 321.366 (disqualification notice under 321.”
Benton Habitat For Humanity v. Benton Cnty. Assessor (Or. T.C. 2018). “, ORS 308A.116(1)(b), (8) (nonexclusive farm use zone farmland); 308A.”
— Or. Rev. Stat. § 308A.116(1) — 1 case
Phillips v. Deschutes Cnty. Assessor (Or. T.C. 2018). “071) while a disqualification under ORS 308A.116, for no farm use, must follow OAR 150-308-1110 (renumbered from OAR 150-308A.”
— Or. Rev. Stat. § 308A.116(1)(a) — 2 cases
Port of Morrow v. Morrow Cnty. Assessor, Tc-Md 091456d (or.tax 2-28-2011) (Or. T.C. 2011). “*Page 5 Disqualification of nonexclusive farm use zone farmland is governed by ORS 308A.116. Subsection (1) of that statute provides in pertinent part: "Nonexclusive farm use zone farmland qualified for special assessment under ORS 308A.”
Boardman Acquisition LLC v. Morrow Cnty. Assessor (Or. T.C. 2013). “The statute provides in relevant part: “(1) This section applies to land upon the land’s disqualification from special assessment under any of the following sections: “* * * * * “(b) Nonexclusive farm use zone farmland under ORS 308A.116[.] “* * * * * “(2) Following a…”
— Or. Rev. Stat. § 308A.116(1)(b) — 1 case
Benton Habitat For Humanity v. Benton Cnty. Assessor (Or. T.C. 2018). “, ORS 308A.116(1)(b), (8) (nonexclusive farm use zone farmland); 308A.”
— Or. Rev. Stat. § 308A.116(1)(c) — 5 cases
Phillips v. Deschutes Cnty. Assessor (Or. T.C. 2018). “071) while a disqualification under ORS 308A.116, for no farm use, must follow OAR 150-308-1110 (renumbered from OAR 150-308A.”
Markham v. Columbia Cnty. Assessor (Or. T.C. 2017). “) In support of that assertion, Defendant cited ORS 308A.116(1)(c) and OAR 150-308-1040(2)(b).”
Holmes Fam. Trust v. Multnomah Cnty. Assessor (Or. T.C. 2025). “(Def’s Reply at 4, citing ORS 308A.116 (disqualification), and ORS 308A.”
Plikat v. Douglas Cnty. Assessor, Tc-Md 101240c (or.tax 2-17-2011) (Or. T.C. 2011). “ORS 308A.116(1)(c) requires the assessor to remove a property from special assessment "upon the discovery that the land is no longer in farm use for failure to meet the income *Page 3 requirements under ORS 308A.”
— Or. Rev. Stat. § 308A.116(2) — 1 case
Cornell Rd. LLC v. Washington Cnty. Assessor (Or. T.C. 2026). “The focus is not on use; indeed, cessation of farm use would not trigger disqualification under DECISION TC-MD 250463N 10 of 12 this statute, as it does not require that farm use continue, even under a qualified purchase by a family member or tenant.”
— Or. Rev. Stat. § 308A.116(3) — 1 case
Boardman Acquisition LLC v. Morrow Cnty. Assessor (Or. T.C. 2013). “The statute provides in relevant part: “(1) This section applies to land upon the land’s disqualification from special assessment under any of the following sections: “* * * * * “(b) Nonexclusive farm use zone farmland under ORS 308A.116[.] “* * * * * “(2) Following a…”
— Or. Rev. Stat. § 308A.116(4) — 1 case
Cornell Rd. LLC v. Washington Cnty. Assessor (Or. T.C. 2026). “The focus is not on use; indeed, cessation of farm use would not trigger disqualification under DECISION TC-MD 250463N 10 of 12 this statute, as it does not require that farm use continue, even under a qualified purchase by a family member or tenant.”
— Or. Rev. Stat. § 308A.116(6) — 1 case
Kaur v. Clackamas Cnty. Assessor (Or. T.C. 2017). “Smith, 17 OTR at 363 (applying ORS 308A.116(6); ORS 321.366 (disqualification notice under 321.”
— Or. Rev. Stat. § 308A.116(7) — 1 case
Port of Morrow v. Morrow Cnty. Assessor, Tc-Md 091456d (or.tax 2-28-2011) (Or. T.C. 2011). “*Page 5 Disqualification of nonexclusive farm use zone farmland is governed by ORS 308A.116. Subsection (1) of that statute provides in pertinent part: "Nonexclusive farm use zone farmland qualified for special assessment under ORS 308A.”
— Or. Rev. Stat. § 308A.116(7)(a) — 2 cases
Phillips v. Deschutes Cnty. Assessor (Or. T.C. 2018). “071) while a disqualification under ORS 308A.116, for no farm use, must follow OAR 150-308-1110 (renumbered from OAR 150-308A.”
Plikat v. Douglas Cnty. Assessor, Tc-Md 101240c (or.tax 2-17-2011) (Or. T.C. 2011). “ORS 308A.116(1)(c) requires the assessor to remove a property from special assessment "upon the discovery that the land is no longer in farm use for failure to meet the income *Page 3 requirements under ORS 308A.”
— Or. Rev. Stat. § 308A.116(a) — 1 case
Boardman Acquisition LLC v. Dept. of Rev., 22 Or. Tax 183 (Or. T.C. 2015). “The additional taxes were imposed due to disqualification of the property from special assessment under ORS 308A.116. Plaintiff Port of Morrow (the Port) then filed its appeal in the Magistrate Division in July 2014 and requested special designation to the Regular Division and…”
— Or. Rev. Stat. § 308A.116(l)(a) — 1 case
Boardman Acquisition, LLC v. Dep't of Revenue, 393 P.3d 1147 (Or. 2017). “ORS 308A.116 lists the events that terminate the special assessment applicable to this particular property: “(1) Nonexclusive farm use zone farmland qualified for special assessment under ORS 308A.”
— Or. Rev. Stat. § 308A.116(l)(c) — 1 case
Smith v. Dep't of Revenue, 17 Or. Tax 357 (Or. T.C. 2004). “113 and ORS 308A.116. As mentioned above, the land in question here is nonexclusive farm use zone farmland (Non-EFU land).”
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