309.115 Term
of order correcting real market value; permissible adjustments; exceptions. (1) If the Department of Revenue,
the property value appeals board or the tax court or other court enters an
order correcting the real market value of a separate assessment of property and
there is no further appeal from that order, except as provided under subsection
(2) or (3) of this section, the value so entered shall be the real market value
entered on the assessment and tax rolls for the five assessment years next
following the year for which the order is entered.
(2)
Notwithstanding subsection (1) of this section, the following adjustments may
be made to the real market value during the period described in subsection (1)
of this section:
(a) Annual
trending or indexing applied to all properties of the same property class in
the county, or within clearly defined areas of the county under this chapter.
(b) Annual
trending or depreciation factors applied to similar property.
(c) Additions or
retirements based upon returns filed under ORS 308.290.
(d) Additions,
retirements or economic trending from the annual valuations under ORS 308.505
to 308.674.
(e) Increases
directly related to additions, remodeling or rehabilitation made to property.
(f) Changes
directly related to subdividing or partitioning the property.
(g) Changes
directly related to rezoning the property and using the property consistent
with the rezoning.
(h) Property
damaged, destroyed or otherwise subject to loss of real market value.
(i) Changes
indicated by a subsequent sale of the property.
(3) In the case
of state-appraised industrial property as defined in ORS 306.126, subsection
(1) of this section does not apply to changes in real market value as a result
of:
(a) Annual
trending or depreciation factors applied by type of property to industrial or
personal property;
(b) Additions or
retirements based upon returns filed under ORS 308.290; or
(c) Property
damaged, destroyed or otherwise subject to loss of real market value.
(4) If, during
the five-year period described in subsection (1) of this section, another order
correcting the real market value of the property subject to subsection (1) of
this section is entered, subsection (1) of this section shall apply for the
five assessment years next following the year the later order is entered. [1989
c.678 §2; 1991 c.459 §198a; 1995 c.650 §65; 1997 c.154 §§45,46; 1997 c.541 §§234,235;
1999 c.579 §28; 2001 c.6 §1; 2015 c.36 §12; 2019 c.380 §1; 2023 c.29 §29]
Notes of Decisions
Cited in
26
cases (
4 in the last 5 years), 1990–2026 · leading case:
AKS LLC v. Dept. of Rev., 23 Or. Tax 300 (Or. T.C. 2019).
AKS LLC v. Dept. of Rev., 23 Or. Tax 300 (Or. T.C. 2019).
· cites it 58× “The subdivi- sion was an “exception” event under Measure 50 that allowed a new maximum assessed value to be determined based on the real market value (RMV), and for the year of the subdivision the RMV was subject to the “adjudicated value” restriction in ORS 309.115. In TC 5308,…”
Pacificorp v. Dep't of Revenue, 11 Or. Tax 463 (Or. T.C. 1990).
· cites it 29× “Plaintiffs motion asserts that defendant violated ORS 309.115 and seeks to have the 1990 value based on the 1989 value.”
Parks Westsac L.L.C. v. Dep't of Revenue, 15 Or. Tax 50 (Or. T.C. 1999).
· cites it 5× “Taxpayer asserts that because the 1996-97 real market value was adjudicated under ORS 309.115, 1 that value must be carried over to the 1997-98 tax year.”
Gray v. Dept. of Rev., 23 Or. Tax 220 (Or. T.C. 2018).
· cites it 3× “ORS 309.115 generally freezes, for up to five years, the adjudicated real market value of a “separate assessment of property.”
Wynne v. Dep't of Revenue, 156 P.3d 64 (Or. 2007).
· cites it 4× “ORS 309.115 supplies plaintiff with the prospective protection that the legislature deems appropriate if she is successful in obtaining a final order correcting the assessed value of her property.”
Comcast Corp. III v. Dept. of Rev. (TC 4909), 22 Or. Tax 233 (Or. T.C. 2016).
· cites it 2× “Valuation disputes were more prevalent before Measure 50 because successfully challeng- ing an assessor’s conclusion as to a property’s RMV in any year would change the tax burden for that year, and could become an adjudicated value under ORS 309.115 for a lim- ited number of…”
Niemeyer v. Dep't of Revenue, 14 Or. Tax 34 (Or. T.C. 1996).
· cites it 4× “Plaintiff (taxpayer) appeals the 1994-95 assessed value of his personal residence, claiming the benefit of an adjudicated value under ORS 309.115 1 rather than contesting the real market value under ORS 308.”
Seneca Sustainable Energy, LLC v. Dept. of Rev. (Or. T.C. 2019).
· cites it 31× “2 Before reaching that issue, the court must decide whether Defendant’s most recent actions have rendered these cases moot, and if so, whether the court can and should decide the substantive issue nonetheless. The court holds that Defendant has made these cases moot by amending…”
Wynne v. Dep't of Revenue, 18 Or. Tax 306 (Or. T.C. 2005).
“Moreover, in light of the Judgment of Stipulation that she entered into with the county on November 10, 2004, taxpayer may also have benefitted from ORS 309.115, the adjudicated value statute.”
Summerset Vill. Jt. Venture v. Dep't of Revenue, 11 Or. Tax 361 (Or. T.C. 1990).
· cites it 9× “The assessed values under defendant’s Opinion and Order are: Tax Year True Cash Value 1986-87 $ 806,430 1987-88 1,044,940 1988-89 796,186 Plaintiff now claims that ORS 309.115 requires the 1987-88 value be the same as the 1986-87 value.”
AKS LLC v. Dept. of Rev. (Or. T.C. 2017).
· cites it 8× “Adjudicated value ORS 309.115 governs adjudicated value and states in relevant part: 2 “(1) If the Department of Revenue, the board of property tax appeals or the tax court or other court enters an order correcting the real market value of a separate 2 The court’s references to…”
— Or. Rev. Stat. § 309.115(1) — 9 cases
AKS LLC v. Dept. of Rev., 23 Or. Tax 300 (Or. T.C. 2019).
“The subdivi- sion was an “exception” event under Measure 50 that allowed a new maximum assessed value to be determined based on the real market value (RMV), and for the year of the subdivision the RMV was subject to the “adjudicated value” restriction in ORS 309.115. In TC 5308,…”
Parks Westsac L.L.C. v. Dep't of Revenue, 15 Or. Tax 50 (Or. T.C. 1999).
“Taxpayer asserts that because the 1996-97 real market value was adjudicated under ORS 309.115, 1 that value must be carried over to the 1997-98 tax year.”
Pacificorp v. Dep't of Revenue, 11 Or. Tax 463 (Or. T.C. 1990).
“Plaintiffs motion asserts that defendant violated ORS 309.115 and seeks to have the 1990 value based on the 1989 value.”
Seneca Sustainable Energy, LLC v. Dept. of Rev. (Or. T.C. 2019).
“2 Before reaching that issue, the court must decide whether Defendant’s most recent actions have rendered these cases moot, and if so, whether the court can and should decide the substantive issue nonetheless. The court holds that Defendant has made these cases moot by amending…”
— Or. Rev. Stat. § 309.115(2) — 4 cases
AKS LLC v. Dept. of Rev., 23 Or. Tax 300 (Or. T.C. 2019).
“The subdivi- sion was an “exception” event under Measure 50 that allowed a new maximum assessed value to be determined based on the real market value (RMV), and for the year of the subdivision the RMV was subject to the “adjudicated value” restriction in ORS 309.115. In TC 5308,…”
AKS LLC v. Dept. of Rev. (Or. T.C. 2017).
“Adjudicated value ORS 309.115 governs adjudicated value and states in relevant part: 2 “(1) If the Department of Revenue, the board of property tax appeals or the tax court or other court enters an order correcting the real market value of a separate 2 The court’s references to…”
— Or. Rev. Stat. § 309.115(2)(a) — 1 case
Gray v. Dept. of Rev., 23 Or. Tax 220 (Or. T.C. 2018).
“ORS 309.115 generally freezes, for up to five years, the adjudicated real market value of a “separate assessment of property.”
— Or. Rev. Stat. § 309.115(2)(f) — 1 case
AKS LLC v. Dept. of Rev., 23 Or. Tax 300 (Or. T.C. 2019).
“The subdivi- sion was an “exception” event under Measure 50 that allowed a new maximum assessed value to be determined based on the real market value (RMV), and for the year of the subdivision the RMV was subject to the “adjudicated value” restriction in ORS 309.115. In TC 5308,…”
— Or. Rev. Stat. § 309.115(2)(h) — 1 case
Summerset Vill. Jt. Venture v. Dep't of Revenue, 11 Or. Tax 361 (Or. T.C. 1990).
“The assessed values under defendant’s Opinion and Order are: Tax Year True Cash Value 1986-87 $ 806,430 1987-88 1,044,940 1988-89 796,186 Plaintiff now claims that ORS 309.115 requires the 1987-88 value be the same as the 1986-87 value.”
— Or. Rev. Stat. § 309.115(4) — 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.