308A.315
Determination of maximum assessed value and assessed value of open space lands;
rules. (1) The
maximum assessed value and assessed value of land classified as open space land
under ORS 308A.300 to 308A.330 shall be determined as provided in this section.
(2) Land
classified as open space land shall have an assessed value for the tax year
equal to the lesser of the land’s maximum assessed value or the land’s open
space value determined under subsection (5) of this section.
(3) The land’s
maximum assessed value shall equal 103 percent of the land’s assessed value for
the previous tax year or 100 percent of the land’s maximum assessed value for
the previous tax year, whichever is greater.
(4)(a) For the
first tax year for which the land is classified as open space land, the land
shall have a maximum assessed value equal to the land’s open space value
determined under subsection (5) of this section multiplied by the ratio of the
total maximum assessed value of all open space land within the county over the
total open space value of all open space land in the county.
(b) If there is
an insufficient amount of land classified as open space land in a county to
permit a statistically reliable ratio to be determined under paragraph (a) of
this subsection, the statewide totals of maximum assessed value of open space
land and open space value shall be used in determining the ratio.
(c) The
Department of Revenue shall prescribe rules setting forth the minimum amount of
open space land in a county needed to establish a statistically reliable ratio.
(5) The open
space value of land classified as such under ORS 308A.300 to 308A.330 shall be
the land’s real market value under ORS 308.205:
(a) Assuming the
highest and best use of the land to be the current open space use, such as
park, sanctuary or golf course. The assessor shall not consider alternative
uses to which the land might be put.
(b) Valuing the
improvements on the land, if any, as required by ORS 308.205. [Formerly
308.765; 2003 c.169 §3]
Notes of Decisions
River Vale Ltd. P'ship v. Dept. of Rev., 24 Or. Tax 468 (Or. T.C. 2021).
· cites it 20× “The court understands the parties to agree further that the assessor treated this same $36,060 value as the Property’s “assessed value” for tax year 2017-18 under ORS 308A.315(2) because it was less than the MAV of $55,215.”
River Vale Lmited P'ship v. Deschutes Cnty. Assessor, No. TC-MD 180241R (Or. T.C. July 10, 2019).
· cites it 7× “) The taxable specially assessed value (“TSAV”) of the subject property for the 2016-17 tax year, determined pursuant to ORS 308A.315(5), was $36,060. (Stip Facts at 5, ¶ 29.”
Or. Rev. Stat. § 308A.315(2): 1 case
River Vale Ltd. P'ship v. Dept. of Rev., 24 Or. Tax 468 (Or. T.C. 2021).
“The court understands the parties to agree further that the assessor treated this same $36,060 value as the Property’s “assessed value” for tax year 2017-18 under ORS 308A.315(2) because it was less than the MAV of $55,215.”
Or. Rev. Stat. § 308A.315(3): 1 case
River Vale Ltd. P'ship v. Dept. of Rev., 24 Or. Tax 468 (Or. T.C. 2021).
“The court understands the parties to agree further that the assessor treated this same $36,060 value as the Property’s “assessed value” for tax year 2017-18 under ORS 308A.315(2) because it was less than the MAV of $55,215.”
Or. Rev. Stat. § 308A.315(5): 2 cases
River Vale Ltd. P'ship v. Dept. of Rev., 24 Or. Tax 468 (Or. T.C. 2021).
“The court understands the parties to agree further that the assessor treated this same $36,060 value as the Property’s “assessed value” for tax year 2017-18 under ORS 308A.315(2) because it was less than the MAV of $55,215.”
River Vale Lmited P'ship v. Deschutes Cnty. Assessor, No. TC-MD 180241R (Or. T.C. July 10, 2019).
“) The taxable specially assessed value (“TSAV”) of the subject property for the 2016-17 tax year, determined pursuant to ORS 308A.315(5), was $36,060. (Stip Facts at 5, ¶ 29.”
Or. Rev. Stat. § 308A.315(5)(a): 1 case
River Vale Ltd. P'ship v. Dept. of Rev., 24 Or. Tax 468 (Or. T.C. 2021).
“The court understands the parties to agree further that the assessor treated this same $36,060 value as the Property’s “assessed value” for tax year 2017-18 under ORS 308A.315(2) because it was less than the MAV of $55,215.”
Or. Rev. Stat. § 308A.315(5)(b): 1 case
River Vale Lmited P'ship v. Deschutes Cnty. Assessor, No. TC-MD 180241R (Or. T.C. July 10, 2019).
“) The taxable specially assessed value (“TSAV”) of the subject property for the 2016-17 tax year, determined pursuant to ORS 308A.315(5), was $36,060. (Stip Facts at 5, ¶ 29.”
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