457.440
Computation of amounts to be raised from property taxes; notice; rules. During the period specified under
ORS 457.450:
(1) The county
assessor shall determine the amount of funds to be raised each year for urban
renewal within the county levied by taxing districts in accordance with Article
IX, section 1c, of the Oregon Constitution, and ORS 457.420 to 457.470.
(2) Not later
than July 15 of each tax year, each urban renewal agency shall determine and
file with the county assessor a notice stating the amount of funds to be raised
for each urban renewal area as follows:
(a) If the
municipality that activated the urban renewal agency has chosen Option One as
provided in ORS 457.435 (2)(a), the notice shall state that the maximum amount
of funds that may be raised by dividing the taxes under Article IX, section 1c,
of the Oregon Constitution, shall be raised for the agency.
(b) If the
municipality that activated the urban renewal agency has chosen Option Two as
provided in ORS 457.435 (2)(b), the notice shall state the amount of funds to
be raised by the special levy.
(c) If the
municipality that activated the urban renewal agency has chosen Option Three as
provided in ORS 457.435 (2)(c), the notice shall state the amount of funds to
be raised by special levy in addition to the amount to be raised by dividing
the taxes as stated in the ordinance adopted under ORS 457.435 (1).
(d) For plans
that are initially approved or substantially amended to increase maximum
indebtedness on or after January 1, 2010, the notice must comply with ORS
457.470.
(e) If the agency
limits the amount that may be raised by the division of taxes, as provided in
ORS 457.455 (1), the notice shall comply with ORS 457.455 (1).
(f) If the plan
is not described in paragraph (a), (b), (c), (d) or (e) of this subsection, the
notice shall state that the maximum amount of funds that may be raised by
dividing the taxes under Article IX, section 1c, of the Oregon Constitution,
shall be raised for the agency.
(3) If a
municipality has chosen Option Three pursuant to ORS 457.435, the maximum
amount of funds that may be raised for an urban renewal agency by dividing the
taxes as provided in Article IX, section 1c, of the Oregon Constitution, may be
limited by the municipality in which the urban renewal agency is located. The
decision of the municipality to limit the amount of funds to be included in the
notice filed under subsection (2) of this section shall be reflected in the
certified statement filed by the urban renewal agency with the county assessor.
(4) Not later
than September 25 of each tax year, the assessor of any county in which a joint
district is located shall provide, to the assessor of each other county in
which the joint district is located, the assessed values of the property in the
joint district that is located within the county, including the certified
statement value and the increment for each code area containing any urban
renewal area located within the joint district, and a copy of the notice filed
by the urban renewal agency for the area located within the joint district
under subsection (2) of this section.
(5) The maximum
amount of funds that may be raised for an urban renewal plan by dividing the
taxes as provided in Article IX, section 1c, of the Oregon Constitution, shall
be computed by the county assessor as follows:
(a) The county
assessor shall compute, in the manner required under ORS 457.445, the total
consolidated billing tax rate for each code area in which an urban renewal area
of the plan is located.
(b) The assessor
shall determine the amount of taxes that would be produced by extending the tax
rate computed under paragraph (a) of this subsection against the increment of
each code area.
(c) The total
amount determined for all code areas containing urban renewal areas included
within the urban renewal plan is the maximum amount of funds to be raised for
the urban renewal plan by dividing the taxes.
(6)(a) The county
assessor shall certify to the tax collector the amount of funds to be raised
for an urban renewal agency as determined under subsection (2) of this section.
The tax collector shall include the amount so certified in the percentage schedule
of the ratio of taxes on property prepared under ORS 311.390 and filed with the
county treasurer. Notwithstanding ORS 311.395 (6), the county treasurer shall
credit the amount to the urban renewal agency and shall distribute its
percentage amount to the urban renewal agency as determined by the schedule at
the times other distributions are made under ORS 311.395 (7).
(b) The county
assessor shall notify the urban renewal agency of the amounts received under
subsection (5) of this section or amounts received pursuant to the notice
provided in subsection (2) of this section for each urban renewal plan area.
Any amounts received by the urban renewal agency under paragraph (a) of this
subsection shall be attributed to the urban renewal plan in which the urban
renewal area is included, shall be paid into a special fund of the urban
renewal agency for the urban renewal plan and shall be used to pay the
principal and interest on any indebtedness issued or incurred by the urban
renewal agency to finance or refinance the urban renewal plan.
(7) Unless and
until the total assessed value of the taxable property in an urban renewal area
exceeds the total assessed value specified in the certified statement, all of
the ad valorem taxes levied and collected upon the taxable property in the
urban renewal area shall be paid into the funds of the respective taxing
districts.
(8) The agency
may incur indebtedness, including obtaining loans and advances in carrying out
the urban renewal plan, and the portion of taxes received under this section
may be irrevocably pledged for the payment of principal of and interest on the
indebtedness.
(9) The
Department of Revenue shall by rule establish procedures for giving notice of
amounts to be raised for urban renewal agencies and for determination of
amounts to be raised and distributed to urban renewal agencies.
(10) The notice
required under this section shall serve as the notice required under ORS
310.060 for the special levy described under ORS 457.435.
(11)
Notwithstanding any other provision of this chapter, a city with a population
of more than 500,000 on January 1, 2010, may, in lieu of its urban renewal
agency, take any actions that an urban renewal agency is authorized to take
under this section and any other actions that are required to certify, collect,
receive, hold and apply tax revenues raised for the urban renewal agency under
Article IX, section 1c, of the Oregon Constitution, and taxes authorized for
the urban renewal agency by Article XI, section 11 (16), of the Oregon
Constitution. [1961 c.554 §5; 1979 c.621 §26; 1981 c.804 §106; 1983
s.s. c.5 §25; 1985 c.613 §17; 1987 c.158 §87; 1991 c.459 §335a; 1997 c.541
§449; 1999 c.579 §26; 2003 c.190 §§16,17; 2007 c.537 §7; 2009 c.700 §4; 2013
c.579 §3]
Notes of Decisions
Dennehy v. Dep't of Revenue, 756 P.2d 13 (Or. 1988).
· cites it 15× “ORS 457.440 is designed to produce the amounts levied by each taxing unit, but to do so from less than the actual property values by a correspondingly higher rate of levy.”
Shilo Inn Portland/205, LLC v. Multnomah Cnty., 36 P.3d 954 (Or. 2001).
· cites it 6× “ORS 457.440(2). To ensure that the amount requested through the division of taxes will be available for distribution to the urban renewal agency, the assessor also determines the maximum amount available for urban renewal by extending the consolidated tax billing rate for each…”
Dennehy v. Dep't of Revenue, 10 Or. Tax 348 (Or. T.C. 1987).
· cites it 26× “Plaintiffs second and third claims are concerned with the procedure for collecting taxes in urban renewal areas and assert that ORS 457.440 violates both Article XI, section 11, and Article I, section 32, of Oregon’s Constitution.”
City of Portland v. Smith, 838 P.2d 568 (Or. 1992).
· cites it 4× “ORS 457.440(5)(a) directs the assessor to divide only the frozen value into the total amount of taxes levied by the taxing units to derive a tax rate.”
City of Portland v. Smith, 12 Or. Tax 208 (Or. T.C. 1992).
· cites it 10× ““The Tax Court correctly held that the Legislative Assembly did not lack authority to enact ORS 457.440 despite its apparent verbal inconsistency with Article EX, section 1c.”
Urban Renewal Comm. of Oregon City v. Williams, 521 P.3d 494 (Or. Ct. App. 2022).
““ ‘When an urban renewal plan is adopted, the assessor determines and certifies the assessed value of all the taxable property in the urban renewal area as of the assessment date immediately prior to approval of the urban renewal plan. ORS 457.430.”
Lowthian v. Dep't of Revenue, 707 P.2d 1236 (Or. 1985).
“See ORS 457.440. As already noted, ORS 305.275 makes the director the responsible agency, not “the department.”
Dennehy v. Dep't of Revenue, 11 Or. Tax 191 (Or. T.C. 1989).
· cites it 2× “The Supreme Court affirmed the decision of this court as to the calculation of tax rates for urban renewal property under ORS 457.440. However, the Supreme Court found that the practice of rounding up in calculating the tax rate under ORS 310.”
— Or. Rev. Stat. § 457.440(1) — 3 cases
Dennehy v. Dep't of Revenue, 756 P.2d 13 (Or. 1988).
“ORS 457.440 is designed to produce the amounts levied by each taxing unit, but to do so from less than the actual property values by a correspondingly higher rate of levy.”
Dennehy v. Dep't of Revenue, 10 Or. Tax 348 (Or. T.C. 1987).
“Plaintiffs second and third claims are concerned with the procedure for collecting taxes in urban renewal areas and assert that ORS 457.440 violates both Article XI, section 11, and Article I, section 32, of Oregon’s Constitution.”
Dennehy v. Dep't of Revenue, 11 Or. Tax 191 (Or. T.C. 1989).
“The Supreme Court affirmed the decision of this court as to the calculation of tax rates for urban renewal property under ORS 457.440. However, the Supreme Court found that the practice of rounding up in calculating the tax rate under ORS 310.”
— Or. Rev. Stat. § 457.440(2) — 2 cases
Shilo Inn Portland/205, LLC v. Multnomah Cnty., 36 P.3d 954 (Or. 2001).
“ORS 457.440(2). To ensure that the amount requested through the division of taxes will be available for distribution to the urban renewal agency, the assessor also determines the maximum amount available for urban renewal by extending the consolidated tax billing rate for each…”
Dennehy v. Dep't of Revenue, 756 P.2d 13 (Or. 1988).
“ORS 457.440 is designed to produce the amounts levied by each taxing unit, but to do so from less than the actual property values by a correspondingly higher rate of levy.”
— Or. Rev. Stat. § 457.440(2)(a) — 1 case
City of Portland v. Smith, 12 Or. Tax 208 (Or. T.C. 1992).
““The Tax Court correctly held that the Legislative Assembly did not lack authority to enact ORS 457.440 despite its apparent verbal inconsistency with Article EX, section 1c.”
— Or. Rev. Stat. § 457.440(2)(b) — 1 case
City of Portland v. Smith, 12 Or. Tax 208 (Or. T.C. 1992).
““The Tax Court correctly held that the Legislative Assembly did not lack authority to enact ORS 457.440 despite its apparent verbal inconsistency with Article EX, section 1c.”
— Or. Rev. Stat. § 457.440(3) — 1 case
Dennehy v. Dep't of Revenue, 756 P.2d 13 (Or. 1988).
“ORS 457.440 is designed to produce the amounts levied by each taxing unit, but to do so from less than the actual property values by a correspondingly higher rate of levy.”
— Or. Rev. Stat. § 457.440(4) — 2 cases
Shilo Inn Portland/205, LLC v. Multnomah Cnty., 36 P.3d 954 (Or. 2001).
“ORS 457.440(2). To ensure that the amount requested through the division of taxes will be available for distribution to the urban renewal agency, the assessor also determines the maximum amount available for urban renewal by extending the consolidated tax billing rate for each…”
Dennehy v. Dep't of Revenue, 756 P.2d 13 (Or. 1988).
“ORS 457.440 is designed to produce the amounts levied by each taxing unit, but to do so from less than the actual property values by a correspondingly higher rate of levy.”
— Or. Rev. Stat. § 457.440(5) — 1 case
Shilo Inn Portland/205, LLC v. Multnomah Cnty., 36 P.3d 954 (Or. 2001).
“ORS 457.440(2). To ensure that the amount requested through the division of taxes will be available for distribution to the urban renewal agency, the assessor also determines the maximum amount available for urban renewal by extending the consolidated tax billing rate for each…”
— Or. Rev. Stat. § 457.440(5)(a) — 2 cases
City of Portland v. Smith, 838 P.2d 568 (Or. 1992).
“ORS 457.440(5)(a) directs the assessor to divide only the frozen value into the total amount of taxes levied by the taxing units to derive a tax rate.”
City of Portland v. Smith, 12 Or. Tax 208 (Or. T.C. 1992).
““The Tax Court correctly held that the Legislative Assembly did not lack authority to enact ORS 457.440 despite its apparent verbal inconsistency with Article EX, section 1c.”
— Or. Rev. Stat. § 457.440(6) — 5 cases
Shilo Inn Portland/205, LLC v. Multnomah Cnty., 36 P.3d 954 (Or. 2001).
“ORS 457.440(2). To ensure that the amount requested through the division of taxes will be available for distribution to the urban renewal agency, the assessor also determines the maximum amount available for urban renewal by extending the consolidated tax billing rate for each…”
City of Portland v. Smith, 838 P.2d 568 (Or. 1992).
“ORS 457.440(5)(a) directs the assessor to divide only the frozen value into the total amount of taxes levied by the taxing units to derive a tax rate.”
Dennehy v. Dep't of Revenue, 756 P.2d 13 (Or. 1988).
“ORS 457.440 is designed to produce the amounts levied by each taxing unit, but to do so from less than the actual property values by a correspondingly higher rate of levy.”
Urban Renewal Comm. of Oregon City v. Williams, 521 P.3d 494 (Or. Ct. App. 2022).
““ ‘When an urban renewal plan is adopted, the assessor determines and certifies the assessed value of all the taxable property in the urban renewal area as of the assessment date immediately prior to approval of the urban renewal plan. ORS 457.430.”
City of Portland v. Smith, 12 Or. Tax 208 (Or. T.C. 1992).
““The Tax Court correctly held that the Legislative Assembly did not lack authority to enact ORS 457.440 despite its apparent verbal inconsistency with Article EX, section 1c.”
— Or. Rev. Stat. § 457.440(6)(a) — 1 case
Shilo Inn Portland/205, LLC v. Multnomah Cnty., 36 P.3d 954 (Or. 2001).
“ORS 457.440(2). To ensure that the amount requested through the division of taxes will be available for distribution to the urban renewal agency, the assessor also determines the maximum amount available for urban renewal by extending the consolidated tax billing rate for each…”
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.