Bill Text: OR SB658 | 2011 | Regular Session | Introduced

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Bill Title: Relating to property taxation.

Spectrum: Committee Bill

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB658 Detail]

Download: Oregon-2011-SB658-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1664

                         Senate Bill 658

Sponsored by COMMITTEE ON GENERAL GOVERNMENT, CONSUMER AND SMALL
  BUSINESS PROTECTION

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Raises to 21 percent minimum difference in values necessary to
require tax court to order change or correction to property tax
assessment of dwelling.

                        A BILL FOR AN ACT
Relating to property taxation; amending ORS 305.288.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 305.288 is amended to read:
  305.288. (1) The tax court shall order a change or correction
applicable to a separate assessment of property to the assessment
and tax roll for the current tax year or for either of the two
tax years immediately preceding the current tax year, or for any
or all of those tax years, if all of the following conditions
exist:
  (a) For the tax year to which the change or correction is
applicable, the property was or is used primarily as a dwelling
(or is vacant) and was and is a single-family dwelling, a
multifamily dwelling of not more than four units, a condominium
unit, a manufactured structure or a floating home.
  (b) The change or correction requested is a change in value for
the property for the tax year and it is asserted in the request
and determined by the tax court that the difference between the
real market value of the property for the tax year and the real
market value on the assessment and tax roll for the tax year is
equal to or greater than   { - 20 - }   { + 21 + } percent.
  (2) If the tax court finds that the conditions needed to order
a change or correction under subsection (1) of this section
exist, the court may order a change or correction in the maximum
assessed value of the property in addition to the change or
correction in the real market value of the property.
  (3) The tax court may order a change or correction applicable
to a separate assessment of property to the assessment or tax
roll for the current tax year and for either of the two tax years
immediately preceding the current tax year if, for the year to
which the change or correction is applicable, the assessor or
taxpayer has no statutory right of appeal remaining and the tax
court determines that good and sufficient cause exists for the
failure by the assessor or taxpayer to pursue the statutory right
of appeal.

  (4) Before ordering a change or correction to the assessment or
tax roll under subsection (3) of this section, the tax court may
determine whether any of the conditions exist in a particular
case. If the tax court determines that one of the conditions
specified does exist, the tax court shall hold a hearing to
determine whether to order a change or correction to the roll.
  (5) For purposes of this section:
  (a) 'Current tax year' has the meaning given the term under ORS
306.115.
  (b) 'Good and sufficient cause':
  (A) Means an extraordinary circumstance that is beyond the
control of the taxpayer, or the taxpayer's agent or
representative, and that causes the taxpayer, agent or
representative to fail to pursue the statutory right of appeal;
and
  (B) Does not include inadvertence, oversight, lack of
knowledge, hardship or reliance on misleading information
provided by any person except an authorized tax official
providing the relevant misleading information.
  (6) The remedy provided under this section is in addition to
all other remedies provided by law.
  (7) As used in subsections (1) to (6) of this section, '
manufactured structure' has the meaning given that term in ORS
446.561.
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