justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 287 — (Former Provisions)

ORS 287.528. [1973 c.488 3,4; repealed by 1983 c.347 32]
ORS Chapter 287 — (Former Provisions)

ORS 287.702. [Amended by 1957 c.704 2; renumbered 288.310]
ORS Chapter 287 — (Former Provisions)

ORS 287.704. [Amended by 1957 c.704 1; renumbered 288.320]
ORS Chapter 287 — (Former Provisions)

ORS 287.990. [Amended by 1957 c.704 3; renumbered 288.990] _______________
ORS Chapter 289 — Oregon Facilities Financing

ORS 289.010. Findings; purpose. (1) The Legislative Assembly finds that by use of the powers and procedures described in this chapter for the assembling and financing of lands for housing, educational, cultural or other nonprofit uses and for the construction and financing of facilities for those uses, financed through the issuance of revenue bonds secured solely by the properties and rentals thus made available, the state may be able to increase the availability of decent, affordable housing, the achievement of higher levels of learning and development of the intellectual capacities of citizens, the expansion of the authorized services and resources for the intellectual and artistic enrichment of citizens, the advancement of nonprofit activities and services and the general well-being of citizens. (2) It is the purpose of this chapter to authorize the exercise of powers granted by this chapter by this state in addition to and not in lieu of any other powers it may possess. [1989 c.820 1; 2007 c.71 89; 2007 c.785 2; 2015 c.51] OREGON FACILITIES AUTHORITY
ORS Chapter 289 — Oregon Facilities Financing

ORS 289.100. Oregon Facilities Authority; members; qualifications; term. (1) There is created a body politic and corporate to be known as the Oregon Facilities Authority. The authority is constituted a public instrumentality, and the exercise by the authority of the powers conferred by this chapter is the performance of an essential public function. (2) The authority consists of seven members who must be residents of this state, not more than four of whom are members of the same political party. The State Treasurer shall appoint the members, and members serve at the pleasure of the State Treasurer. At least one of the members must be an individual knowledgeable in the field of state and municipal finance. At least one of the members must be an individual knowledgeable in the building construction field. (3) Upon the expiration of the term of a member, the State Treasurer shall appoint a successor for a term of four years. (4) The State Treasurer shall appoint an individual to fill a vacancy for the remainder of the unexpired term.
ORS Chapter 289 — Oregon Facilities Financing

ORS 289.105. Official action to undertake project. The undertaking of any eligible project must be requested by official action of the participating institution taken at a regular or duly called special meeting thereof by the affirmative vote of a majority of the members of the institutions board of directors.
ORS Chapter 289 — Oregon Facilities Financing

ORS 289.115. Functions. In carrying out its duties under this chapter, the Oregon Facilities Authority, acting for and in behalf of the state as its duly authorized agency, may: (1) Acquire, construct and hold in whole or in part any lands, buildings, easements, water and air rights, improvements to lands and buildings and capital equipment to be located permanently or used exclusively on such lands or in such buildings, which are considered necessary in connection with an eligible project to be situated within this state, and construct, reconstruct, improve, better and extend such projects, and enter into contracts therefor; and (2) Sell and convey all properties acquired in connection with eligible projects, including without limitation the sale and conveyance thereof subject to any mortgage and the sale and conveyance thereof under an option granted to the lessee of the eligible project, for such price, and at such time as the state may determine. However, no sale or conveyance of such properties shall ever be made in such manner as to impair the rights of interests of the holder, or holders, or any bonds issued under the authority of this chapter.
ORS Chapter 289 — Oregon Facilities Financing

ORS 289.120. Limitation on manner of operating project and expenditure of funds. Except as provided in ORS 289.115 (2), the state shall not have power to operate any eligible project as a business or in any manner whatsoever. Nothing in this chapter authorizes the state to expend any funds on any eligible project, other than the revenues of such projects, or the proceeds of revenue bonds issued under this chapter, or other funds granted to the state for the purposes of an eligible project.
ORS Chapter 289 — Oregon Facilities Financing

ORS 289.125. Rules; fees. (1) The Oregon Facilities Authority shall adopt by rule standards by which to determine the eligibility of projects for bond financing pursuant to this chapter. In determining the standards, the authority shall consider all relevant data. The standards of the authority must provide that projects are approved in accordance with criteria reflecting the benefits to the state. Criteria include, but need not be limited to: (a) Supporting projects that increase the number of decent, affordable housing units in this state; (b) Expanding the educational resources in this state; or (c) Expanding the cultural resources in this state. (2) Upon determining a project as eligible, the authority shall forward the application to the State Treasurer, who shall determine whether to issue the revenue bonds. (3) The authority may treat as a single eligible project for bonding purposes any number of projects determined to be eligible projects. (4) The authority shall collect the fees set forth in subsection (5) of this section from an applicant that seeks to have a project declared eligible for financing. The fee identified in subsection (5)(a) of this section may be collected even though the project has not been determined to be eligible for financing. (5) The fees described in subsection (4) of this section are: (a) An application fee determined by the Oregon Facilities Authority by rule. (b) A closing fee not to exceed one-half of one percent of the total bond issue for the project, as determined by the authority. (6) The authority shall deposit fees received under subsection (5) of this section in the Oregon Facilities Authority Account established under ORS 289.130.
ORS Chapter 289 — Oregon Facilities Financing

ORS 289.130. Oregon Facilities Authority Account. The Oregon Facilities Authority Account is created separate and distinct from the General Fund. The account is an investment account for purposes of ORS 293.701 to 293.857. Interest on the account shall be credited to and deposited in the account. The account is continuously appropriated to the Oregon Facilities Authority and may be used to meet administrative expenses of the authority. [1989 c.820 4a; 1991 c.408 5; 2001 c.261 2] BONDS
ORS Chapter 289 — Oregon Facilities Financing

ORS 289.200. Issuance of revenue bonds; role of State Treasurer; role of Oregon Facilities Authority; fees. (1) If the State Treasurer determines that revenue bonds should be issued: (a) The State Treasurer may authorize and issue in the name of the State of Oregon revenue bonds secured by revenues from eligible projects to finance or refinance in whole or part the cost of acquisition, purchase, construction, reconstruction, installations improvement, betterment, extension, management, operation or funding of projects. The bonds shall be identified by project and issued in the manner prescribed by ORS chapter 286A. (b) The State Treasurer shall designate the trustee, financial advisor and bond counsel, if any, and enter into appropriate agreements with each to carry out the provisions of this chapter. An agreement with bond counsel designated by the State Treasurer under this section is subject to the provisions related to services provided by bond counsel under ORS 286A.130. The powers conferred on a related agency under ORS chapter 286A do not apply to the Oregon Facilities Authority with respect to the designation of trustee, financial advisor and bond counsel. (2) Any trustee designated by the State Treasurer to carry out all or part of the powers specified in ORS 289.110 must agree to furnish financial statements and audit reports for each bond issue. (3) The State Treasurer is the applicable elected representative for purposes of approving the issuance of revenue bonds under this chapter to the extent approval is required under section 147(f) of the Internal Revenue Code. (4) The State Treasurer shall collect data from the authority regarding the amount and nature of bonded indebtedness in Oregon health care institutions financed through the authority.
ORS Chapter 289 — Oregon Facilities Financing

ORS 289.205. Expenses of State Treasurer. Reasonable administrative expenses of the State Treasurer shall be charged against bond proceeds or project revenues.
ORS Chapter 289 — Oregon Facilities Financing

ORS 289.210. Refunding bonds. The State Treasurer shall have the power, whenever the treasurer considers refunding expedient, to refund any bonds by the issuance of new bonds, whether the bonds to be refunded have or have not matured. The refunding bonds may be exchanged for bonds to be refunded and the proceeds applied to the purchase, redemption or payment of such bonds.
ORS Chapter 289 — Oregon Facilities Financing

ORS 289.215. Validity of bonds not affected by other matters regarding project. The validity of bonds issued under this chapter is not dependent on or affected by the validity or regularity of any proceeding relating to the acquisition, purchase, construction, reconstruction, installation, improvement, betterment, extension, management, operation or funding of the project for which the bonds are issued. The official action authorizing such bonds may provide that the bonds shall contain a recital that they are issued pursuant to this chapter and such recital shall be conclusive evidence of their validity and of the regularity of their issuance.
ORS Chapter 289 — Oregon Facilities Financing

ORS 289.225. Sources of bond repayment restricted; recitations in bonds. (1) Revenue bonds issued under this chapter shall not: (a) Be payable from nor charged upon any funds other than the revenue pledged to the payment thereof, nor shall the state be subject to any liability thereon. No holder or holders of such bonds shall ever have the right to compel any exercise of the taxing power of the state to pay any such bonds or the interest thereon, nor to enforce payment thereof against any property of the state except those projects or portions thereof, mortgaged or otherwise encumbered under the provisions and for the purposes of this chapter. (b) Constitute a charge, lien or encumbrance, legal or equitable, upon any property of the state, except those eligible projects, or portions thereof, mortgaged or otherwise encumbered, under the provisions and for the purposes of this chapter. (2) Each bond issued under this chapter shall recite in substance that the bond, including interest thereon, is payable solely from the revenue pledged to the payment thereof. No such bond shall constitute a debt of the state or a lending of the credit of the state within the meaning of any constitutional or statutory limitation. However, nothing in this chapter is intended to impair the rights of holders of bonds to enforce covenants made for the security thereof as provided in ORS 289.230.
ORS Chapter 289 — Oregon Facilities Financing

ORS 289.230. Actions by bondholders to enforce rights. Subject to any contractual limitation binding upon the holders of any issue of revenue bonds, or a trustee therefor, including but not limited to the restriction of the exercise of any remedy to a specified proportion or percentage of such holders, any holder of bonds, or any trustee therefor, for the equal benefit and protection of all bondholders similarly situated, may: (1) By action or proceeding for legal or equitable remedies, enforce their rights against the state and any of its officers, agents and employees, and may require and compel the state or any such officers, agents or employees to perform and carry out its and their duties and obligations under this chapter and its and their covenants and agreements with bondholders; (2) By action require the state to account as if it was the trustee of an express trust; (3) By action enjoin any acts or things which may be unlawful or in violation of the right of the bondholders; (4) Bring action upon the bonds; (5) Foreclose any mortgage or lien given under the authority of this chapter and cause the property standing as security to be sold under any proceedings permitted by law or equity; and (6) Exercise any right or remedy conferred by this chapter without exhausting and without regard to any other right or remedy conferred by this chapter or any other law of this state, none of which rights and remedies is intended to be exclusive of any other, and each is cumulative and in addition to every other right and remedy.
ORS Chapter 289 — Oregon Facilities Financing

ORS 289.235. Loan of bond proceeds for projects; state not required to have ownership or leasehold interest. The state, acting through the State Treasurer and the Oregon Facilities Authority, or either of them, may lend the proceeds of the bonds authorized by this chapter for eligible projects without the necessity of the state having any ownership or leasehold interest in the eligible projects. Loans made pursuant to this section shall be secured to the extent considered necessary or desirable by the State Treasurer and the authority to assure repayment of the bonds.
ORS Chapter 289 — Oregon Facilities Financing

ORS 289.240. Report of bonding activities; rules. (1) Within 90 days following the closing of each fiscal year, the Oregon Facilities Authority shall report on its operations to the Governor, State Treasurer and the Legislative Assembly. The report shall include a summary of the authoritys activities relating to bonds issued under this section. (2) In accordance with any applicable provision of ORS chapter 183, the authority may adopt such rules as it considers necessary to carry out its duties, functions and powers under this chapter.
ORS Chapter 289 — Oregon Facilities Financing

ORS 289.250. Limitation on income tax exemption for interest on revenue bonds. (1) As used in this section, within the State of Oregon has the meaning given the term within this state in ORS 289.005. (2) Interest on revenue bonds issued by the State Treasurer under the authority of this chapter is exempt from personal income tax under ORS chapter 316 only to the extent that the structure financed with the proceeds of the revenue bonds is located within the State of Oregon. [2015 c.548 3] CHAPTER 290 [Reserved for expansion] _______________
ORS Chapter 308a — Land Special Assessments

ORS 308a.050. Legislative intent. The Legislative Assembly recognizes that agriculture and related land uses contribute significantly to Oregons character and economy. The Legislative Assembly finds that providing the means for agriculture to continue and prosper is in the interest of all residents of this state, who benefit directly or indirectly from agricultural production and stewardship of farmlands and ranchlands. Valuation of farm properties based upon market data from sales for investment or other purposes not connected with bona fide farm use encourages the conversion of agricultural land to other uses. The identification of agricultural land for farm use, as provided by law, substantially limits alternative uses of such land and justifies the valuation of that land based on its agricultural production capability. Therefore, it is the declared intent of the Legislative Assembly that bona fide farm properties be assessed for ad valorem property tax purposes at a value that is exclusive of values attributable to urban influences or speculative purposes. [1999 c.314 1; 2017 c.315 10] (Qualification for Farm Use Special Assessment)
ORS Chapter 308a — Land Special Assessments

ORS 308a.053. (5) Owner or owners means: (a) The person who holds an estate in the homesite in fee simple or for life. (b) Any one of tenants in common or tenants by the entirety, holding an estate in the homesite in fee simple or for life. (c) Any person of legal age, duly authorized in writing to act on behalf of any person described in paragraph (a) or (b) of this subsection in filing an application for special assessment of nonexclusive farm use zone farmland. (d) The guardian or conservator of an owner, or the executor or administrator of an owners estate. (e) The purchaser of the fee simple or life estate of an owner under a contract of sale.
ORS Chapter 308a — Land Special Assessments

ORS 308a.059. Farm use definition; rules. (1) The Department of Revenue shall provide by rule for a more detailed definition of farm use, consistent with the general definition in ORS 308A.056, to be used by county assessors in determining qualification for special assessment under ORS 308A.068. The rules shall not be designed to exclude from the special assessment those lands that are in farm use as defined in ORS 308A.056 for which tax relief is intended. (2) In determining qualification for special assessment under ORS 308A.068, the county assessor shall consider the use of the land by the owner, renter or operator thereof together with any other lands that are a part of one farming unit being operated by the owner, renter or operator. [Formerly 308.380]
ORS Chapter 308a — Land Special Assessments

ORS 308a.062. Qualification of exclusive farm use zone farmland. (1) Any land that is within an exclusive farm use zone and that is used exclusively for farm use shall qualify for farm use special assessment under ORS 308A.050 to 308A.128, unless disqualified under other provisions of law. (2) Whether farmland qualifies for special assessment under this section shall be determined as of January 1 of the assessment year. However, if land so qualified becomes disqualified prior to July 1 of the same assessment year, the land shall be valued under ORS 308.232, at its real market value as defined by law without regard to this section, and shall be assessed at its assessed value under ORS 308.146 or as otherwise provided by law. If the land becomes disqualified on or after July 1, the land shall continue to qualify for special assessment as provided in this section for the current tax year.
ORS Chapter 308a — Land Special Assessments

ORS 308a.065. County counsel review of exclusive farm use zoning ordinances; notice upon determination of unqualified land; assessment pending zone requalification. (1) Upon written request of the county assessor or county governing body, the county counsel shall review the zoning ordinances of the county that purport to establish exclusive farm use zones to determine if any zone mentioned in the ordinance is not an exclusive farm use zone. If the county counsel is in doubt as to whether a zone is an exclusive farm use zone, the county counsel shall request the assistance of the Department of Revenue under ORS 305.110. The county counsel shall promptly notify the county assessor and county governing body by letter of the findings of the county counsel. (2) If the assessor discovers any land that has been granted farm use special assessment under ORS 308A.062 that is not qualified for such assessment because the zone is not an exclusive farm use zone, the assessor shall immediately notify the county governing body of this fact. (3) Within six months from the date the county governing body receives notice from the assessor or from the Land Conservation and Development Commission that a farm use zone is not an exclusive farm use zone, the county governing body shall qualify the zone as an exclusive farm use zone within the meaning of ORS
ORS Chapter 308a — Land Special Assessments

ORS 308a.068. (d) Meeting the requirements, if any, of applicable local government zoning ordinances with regard to minimum lot or parcel acreage for farm use. (5) The county assessor shall not disqualify land that has been receiving special assessment if the land is not being farmed because: (a) The effect of flooding substantially precludes normal and reasonable farming during the year; or (b) Severe drought conditions are declared under ORS 536.700 to 536.780. (6)(a) Disqualification under subsection (1)(c) of this section is reversed if the taxpayer: (A) Notifies the assessor in writing pursuant to ORS 308A.718 of the taxpayers intention to seek certification for a remediation plan; and (B) Files an application for a certified remediation plan with the assessor within one year after the date of disqualification. (b) In addition to the grounds for disqualification under subsection (1)(c) of this section, the assessor may disqualify land granted farm use special assessment pursuant to a remediation plan upon: (A) Discovery, or notice from an extension agent of the Oregon State University Extension Service, that the plan is not being implemented substantially as certified; or (B) Discovery, or notice from the owner, tenant or lessee or from an extension agent of the Oregon State University Extension Service, that the plan as certified is no longer necessary, practicable or effective. (7)(a) Notwithstanding ORS 308.210, 308A.068, 311.405 or 311.410, if disqualification occurs as a result of the discovery that the land is no longer in farm use, then, regardless of when during the assessment year discovery is actually made, disqualification by the county assessor shall occur as of the January 1 assessment date of the assessment year in which discovery is made. (b) Paragraph (a) of this subsection shall apply only if the notice of disqualification required under ORS 308A.718 is mailed by the county assessor prior to August 15 of the tax year for which the disqualification of the land is asserted. (8) Upon disqualification, additional taxes shall be determined as provided in ORS
ORS Chapter 308a — Land Special Assessments

ORS 308a.074. Wasteland qualifications; annual application. (1) Wasteland, dry or covered with water, neither economically tillable nor grazeable, lying in or adjacent to and in common ownership with nonexclusive farm use zone farmland described in ORS
ORS Chapter 308a — Land Special Assessments

ORS 308a.077. of ORS 308A.071 have been met, the assessor shall restore farm use special assessment to the land. The potential additional taxes for all years not already abated under ORS 308A.119 shall continue as a potential liability against the land under ORS 308A.119 and 308A.706, except that each oldest year of potential liability shall abate as the total of all other years of potential additional tax liability for prior years reaches five. [Formerly 308.406]
ORS Chapter 308a — Land Special Assessments

ORS 308a.080. Acquired land qualifications. (1) Acquired land shall qualify for farm use special assessment if: (a) The acquired land: (A) Is not in an exclusive farm use zone; (B) Is, immediately upon acquisition, put into farm use; and (C) Is operated as part of the total farming unit with the original land; and (b) The original land: (A) Is owned by the purchaser of the acquired land; (B) Is in farm use; (C) Is assessed under ORS 308A.107; and (D) Produced gross income of at least $10,000 in the calendar year prior to acquisition. (2) Land that qualifies for farm use special assessment under subsection (1) of this section shall, for purposes of the gross income requirement under ORS
ORS Chapter 308a — Land Special Assessments

ORS 308a.083. Potential additional tax liability. In the case of exclusive farm use zone farmland that qualifies for special assessment under ORS 308A.062 or nonexclusive farm use zone farmland that qualifies for special assessment under ORS 308A.068, the county assessor shall enter on the assessment and tax roll the notation potential additional tax liability until the land is disqualified under ORS 308A.113 or 308A.116.