ORS Chapter 308a — Land Special Assessments

ORS 308a.703. Additional taxes upon disqualification. (1) This section applies to land upon the lands disqualification from special assessment under any of the following sections: (a) Exclusive farm use zone farmland under ORS 308A.113; (b) Nonexclusive farm use zone farmland under ORS 308A.116; (c) Western Oregon designated forestland under ORS 321.359; (d) Eastern Oregon designated forestland under ORS 321.842; (e) Wildlife habitat special assessment under ORS 308A.430; or (f) Conservation easement special assessment under ORS 308A.465. (2) Following a disqualification listed in subsection (1) of this section, an additional tax shall be added to the tax extended against the land on the next assessment and tax roll, to be collected and distributed in the same manner as other ad valorem property tax moneys. The additional tax shall be equal to the difference between the taxes assessed against the land and the taxes that would otherwise have been assessed against the land, for each of the number of years determined under subsection (3) of this section. (3) The number of years for which additional taxes shall be calculated shall equal the lesser of the number of consecutive years the land had qualified for the special assessment program for which disqualification has occurred or: (a) Ten years, in the case of exclusive farm use zone farmland, but only if the land, immediately following disqualification, remains outside an urban growth boundary; (b) Ten years, in the case of wildlife habitat special assessment land within an exclusive farm use zone, but only if the land, immediately following disqualification, remains outside an urban growth boundary; (c) Ten years, in the case of conservation easement special assessment land within an exclusive farm use zone, but only if the land, immediately following disqualification, remains outside an urban growth boundary; or (d) Five years, in the case of: (A) Nonexclusive farm use zone farmland; (B) Western Oregon designated forestland; (C) Eastern Oregon designated forestland; (D) Exclusive farm use zone farmland that is not described in paragraph (a) of this subsection; (E) Wildlife habitat special assessment land that is not described in paragraph (b) of this subsection; or (F) Conservation easement special assessment land that is not described in paragraph (c) of this subsection. (4)(a) Except as provided in paragraph (b) of this subsection, if disqualification under subsection (1)(a) or (b) of this section occurs within five years after the end of a period of farm use special assessment pursuant to a remediation plan as defined in ORS 308A.053, the number of years for which the additional tax shall be calculated shall be the number of years determined under subsection (3) of this section plus the number of years during which farm use special assessment was granted pursuant to the remediation plan. (b) Additional tax may not be collected for the number of years during which farm use special assessment was granted pursuant to the remediation plan if the plan: (A) Is implemented in good faith; and (B) Fails to render continued farm use practicable. (5) The additional taxes described in this section shall be deemed assessed and imposed in the year to which the additional taxes relate. (6) If the disqualification of the land is the result of the sale or transfer of the land to an ownership making the land exempt from ad valorem property taxation, the lien for additional taxes shall attach as of the day preceding the sale or transfer. (7) The amount determined to be due under this section may be paid to the tax collector prior to the time of the next general property tax roll, pursuant to the provisions of ORS 311.370.