(1) Notwithstanding that land may have been disqualified from special assessment, the additional taxes described under ORS 308A.703 shall not be imposed and shall remain a potential tax liability if, as of the date the disqualification is taken into account on the assessment and tax roll, the land is any of the following:
(a) Disqualified exclusive farm use zone farmland or nonexclusive farm use zone farmland that:
(A) Is not being used as farmland; and
(B) Is not being used for industrial, commercial, residential or other use that is incompatible with a purpose to return the land to farm use.
(b) Acquired by a governmental agency or body as a result of an exchange of the land for land of approximately equal value held by the governmental agency or body.
(c) Acquired and used for natural heritage purposes and all of the following additional requirements are met:
(A) The land is registered under ORS 273.581 as a natural heritage conservation area;
(B) The land is acquired by a private nonprofit corporation;
(C) The land is retained by the corporation, or transferred to the state by the corporation, for the purpose of educational, scientific and passive recreational use consistent with conservation of the ecological values and natural heritage elements of the area;
(D) If the land is retained by the corporation, it remains open to the public without charge for the uses described in subparagraph (C) of this paragraph; and
(E) The land is managed pursuant to a voluntary management agreement under ORS 273.581 (5).
(d) Qualified for special assessment under:
(A) ORS 308A.062, relating to farm use special assessment of land in an exclusive farm use zone;
(B) ORS 308A.068, relating to farm use special assessment of nonexclusive farm use zone farmland;
(C) ORS 321.358, relating to classification as designated forestland in western Oregon;
(D) ORS 321.839, relating to classification as designated forestland in eastern Oregon;
(E) ORS 321.709, relating to qualification as small tract forestland;
(F) ORS 308A.424, relating to wildlife habitat special assessment; or
(G) ORS 308A.456, relating to conservation easement special assessment.
(e) Disqualified nonexclusive farm use zone farmland, to the extent the additional taxes are deferred or abated as provided in ORS 308A.119.
(2) In any case where the additional tax is deferred under the provisions of this section but may subsequently be imposed under ORS 308A.712, the county assessor shall continue to enter the notation “potential additional tax liability” on the assessment and tax roll. [1999 c.314 §35; 2003 c.454 §§27,29; 2003 c.539 §17; 2003 c.621 §86; 2007 c.809 §11]
Note: See note under 308A.253.
Section: Previous 308A.453 308A.456 308A.459 308A.462 308A.465 308A.700 308A.703 308A.706 308A.707 308A.709 308A.712 308A.715 308A.718 308A.721 308A.724 NextLast modified: August 7, 2008