Oregon Revised Statutes

Or. Rev. Stat. § 457.420 (2026)

Plan may provide for division of property taxes; limits on land area

✓ current as of May 2026

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457.420 Plan may provide for division of property taxes; limits on land area. (1) Any urban renewal plan may contain a provision that the ad valorem taxes, if any, levied by a taxing district in which all or a portion of an urban renewal area is located, shall be divided as provided in section 1c, Article IX of the Oregon Constitution, and ORS 457.420 to 457.470. Ad valorem taxes shall not be divided if there is no provision in the urban renewal plan for the division.

(2) No plan adopted after October 3, 1979, shall provide for a division of ad valorem taxes under subsection (1) of this section if:

(a) For municipalities having a population of more than 50,000, according to the latest state census:

(A) The assessed value for the urban renewal areas of the plan, when added to the total assessed value previously certified by the assessor for other urban renewal plans of the municipality for which a division of ad valorem taxes is provided, exceeds a figure equal to 15 percent of the total assessed value of that municipality, exclusive of any increased assessed value for other urban renewal areas and without regard to adjustments made pursuant to ORS 457.435 (2)(c), 457.455 or 457.470 (2) to (5); or

(B) The urban renewal areas of the plan when added to the areas included in other urban renewal plans of the municipality providing for a division of ad valorem taxes, exceed a figure equal to 15 percent of the total land area of that municipality.

(b) For municipalities having a population of less than 50,000, according to the latest state census:

(A) The assessed value for the urban renewal areas of the plan, when added to the total assessed value previously certified by the assessor for other urban renewal plans of the municipality for which a division of ad valorem taxes is provided, exceeds a figure equal to 25 percent of the total assessed value of that municipality, exclusive of any increased assessed value for other urban renewal areas and without regard to adjustments made pursuant to ORS 457.435 (2)(c), 457.455 or 457.470 (2) to (5); or

(B) The urban renewal areas of the plan, when added to the areas included in other urban renewal plans of the municipality providing for a division of ad valorem taxes, exceed a figure equal to 25 percent of the total land area of that municipality.

(3) Property may not be included in more than one urban renewal area. [1961 c.554 §3; 1969 c.539 §2; 1971 c.544 §4; 1979 c.621 §24; 1991 c.459 §334; 1997 c.541 §447; 2009 c.700 §3]

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1987–2022 · leading case: Dennehy v. Dep't of Revenue, 756 P.2d 13 (Or. 1988).

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Dennehy v. Dep't of Revenue, 756 P.2d 13 (Or. 1988). · cites it 2× “The basic theory of so-called “tax increment financing” of urban renewal indebtedness (the caption provided in codifying ORS 457.420 to 457.460) is simple, though its administration can be complex.”

Shilo Inn Portland/205, LLC v. Multnomah Cnty., 36 P.3d 954 (Or. 2001). “See ORS 457.420 to ORS 457.450 (1991) (so providing).”

Conkling v. Keisling, 852 P.2d 183 (Or. 1993). · cites it 6× “ORS 457.420(3) expressly states: "Property may not be included in more than one urban renewal area.”

City of Portland v. Smith, 838 P.2d 568 (Or. 1992). · cites it 2× “Tax increment financing legislation was enacted in 1961, ORS 457.420 et seq. The urban renewal provision states that the legislature "may provide" that property taxes may be divided so that revenues from increases in property values generated in redevelopment or urban renewal…”

Urban Renewal Comm. of Oregon City v. Williams, 521 P.3d 494 (Or. Ct. App. 2022). · cites it 2× “Additionally, an urban renewal plan may provide for tax increment financ- ing for urban renewal projects as provided in ORS 457.420 to 457.470. Such financing cannot be used if it is not in the approved plan.”

Dennehy v. City of Portland, 740 P.2d 806 (Or. Ct. App. 1987). · cites it 2× “It is important to note that not all urban renewal plans need provide for the division of taxes under ORS 457.420 (`tax increment financing'). The agency must choose such a funding mechanism.”

— Or. Rev. Stat. § 457.420(1) — 1 case

Urban Renewal Comm. of Oregon City v. Williams, 521 P.3d 494 (Or. Ct. App. 2022). “Additionally, an urban renewal plan may provide for tax increment financ- ing for urban renewal projects as provided in ORS 457.420 to 457.470. Such financing cannot be used if it is not in the approved plan.”

— Or. Rev. Stat. § 457.420(3) — 1 case

Conkling v. Keisling, 852 P.2d 183 (Or. 1993). “ORS 457.420(3) expressly states: "Property may not be included in more than one urban renewal area.”

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