311.219 Notice
of intention to assess omitted property. Notice shall be given to the person claiming to own
the property or occupying it or in possession thereof of the assessor’s
intention to add the property to the assessment or tax roll under ORS 311.216
to 311.232 and to assess the property in such person’s name. Where the assessor
has reason to believe the property is either no longer in existence or is
outside the county, the assessor shall give the notice to the owner or the
person in possession on the assessment date of the year or years as to which the
property was omitted. The notice shall be in writing, mailed to the person’s
last-known address. It shall describe the property in general terms, and
require the person to appear at a specified time, not less than 20 days after
mailing the notice, and to show cause, if any, why the property should not be
added to the assessment and tax roll and assessed to such person. [Formerly
311.209]
311.220 [Amended by 1971 c.384 §1; 1989
c.297 §1; 1991 c.459 §237; renumbered 311.235 in 1997]
Notes of Decisions
Hoggard I v. Dept. of Rev., 23 Or. Tax 406 (Or. T.C. 2019).
· cites it 3× “The 2017 Notice stated in part: “In compliance with ORS 311.219, this notice is to inform you of the Assessor’s intention to add the property value listed below to the Assessment Roll for the years indi- cated.”
Hoyt Street Props. LLC v. Dep't of Revenue, 18 Or. Tax 313 (Or. T.C. 2005).
“4 On August 14, 2000, and pursuant to the omitted property authority and procedures under ORS 311.219, the county sent two so-called “twenty-day” letters (one for each tax lot affected by the PCM) to taxpayer.”
Clackamas Cnty. Assessor v. Vill. at Main Street Phase II, LLC, 245 P.3d 81 (Or. 2010).
“Revenue, or any buildings, structures, improvements or timber on land previously assessed without the same, has from any cause been omitted, in whole or in part, from assessment and taxation on the current assessment and tax rolls or on any such rolls for any year or years not…”
Perkins v. Dep't of Revenue, 15 Or. Tax 381 (Or. T.C. 2001).
· cites it 3× “ORS 311.219 requires the assessor to give the taxpayer notice and opportunity to show cause.”
Adair v. Dep't of Revenue, 17 Or. Tax 311 (Or. T.C. 2004).
“The parties agree that the notice required by ORS 311.219 1 (the 20-day notice) was sent by the county and received by taxpayer.”
Nicolynn Props. LLC v. Dept. of Rev., 21 Or. Tax 320 (Or. T.C. 2013).
“208 and informed taxpayer of a right to appear and show cause under ORS 311.219. Under date of April 10, 2012, taxpayer’s counsel filed a written appearance with the county setting forth reasons why additional value should not be added to the assessments for the years in…”
Clackamas Cnty. Assessor v. Vill. at Main Street Phase II, LLC, 282 P.3d 814 (Or. 2012).
“Revenue, or any buildings, structures, improvements or timber on land previously assessed without the same, has from any cause been omitted, in whole or in part, from assessment and taxation on the current assessment and tax rolls or on any such rolls for any year or years not…”
Hughes v. Tillamook Cnty. Assessor (Or. T.C. 2018).
· cites it 2× “ORS 311.219 requires the notice to be in writing “mailed to the person’s last-known address * * * and require the person to appear at a specified time, not less than 20 days after mailing the notice, and to show case, if any, why the 2 The court’s references to the Oregon…”
Hoff v. Benton Cnty. Assessor, Tc-Md 100212b (or.tax 5-28-2010) (Or. T.C. 2010).
· cites it 3× “ty * * * or any buildings, structures, [or] improvements * * * on land previously assessed without the same, has from any cause been omitted, in whole or in part, from assessment and taxation on the current assessment and tax rolls or on any such rolls for any year or years not…”
Cocina Mexico Lindo v. Washington Cty. Ass., Tc-Md 091420c (or.tax 2-9-2011) (Or. T.C. 2011).
· cites it 2× “es credible information, or if the assessor has reason to believe that any real or personal property * * *, has from any cause been omitted, in whole or in part , from assessment and taxation on the current assessment and tax rolls or on any such rolls for any year or years not…”
— Or. Rev. Stat. § 311.219(1) — 1 case
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