Or. Admin. R. 150-308-1040 - Assessment of Farmlands Outside of Exclusive Farm Use (EFU) Zones
Current through Register Vol. 61, No. 4, April 1, 2022
(1)
(a) To qualify for assessment at its farm use
value, land not within an exclusive farm use zone:
(A) Must be currently employed in a
qualifying farm use;
(B) Must have
been used for farm use for the two years preceding the current assessment year;
(C) Must have met the income
requirement for three out of the last five years and;
(D) Must have an application filed with the
assessor meeting the requirements of ORS
308A.077.
(b) Real market value is the basis for the
assessment of farmland not qualified to be specially assessed at farm use
value. Real market value is defined in ORS
308.205.
(2) Qualification and Disqualification Dates:
(a) To be entitled to farm use assessment,
land must be qualified as of January 1 each year. Most land is not farmed
during the winter months including January 1. If land is not employed in farm
use on January 1, the assessor may look at the prior year's usage of the land
to determine qualification for January 1.
(b) All farm use disqualification takes
effect July 1 following the disqualification.
(3) Effect of lease or option to buy surface
rights. If any owner of land outside an EFU zone grants and has outstanding a
lease or option to buy surface rights of such land that permits other than farm
use of all or a portion of the land, that land subject to such other use is not
qualified for special farm use assessment under ORS Ch. 308A. Leases for
hunting, fishing, camping or other recreational use or the exploration of
geothermal, mineral or other subsurface resources will not disqualify the land
if the exploration, use, or possession does not interfere with the farm use of
the farmland. The income derived from such leases will not be included for the
income test.
(4) Appeal on the
question of qualification for special assessment as farm use land: An appeal
from a decision of the assessor concerning qualification for special farm use
assessment under ORS Ch. 308A is made directly to the Magistrate Division of
the Tax Court under 305.275(1) (also see 305.280). It is not made through an
appeal to the county Board of Property Tax Appeals.
Notes
Stat. Auth.: ORS 305.100
Stats. Implemented: ORS 308.380 & 308A.068
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