Oregon Revised Statutes Chapter 308 § 308.232 — and 308.235 utilizing the market data approach (sales of comparable properties),
Oregon Revised Statutes Chapter 308 ·
Oregon Code § 308.232·Enacted ·Last updated March 01, 2026
Statute Text
and 308.235 utilizing the market data approach (sales of comparable properties),
the cost approach (reproduction or replacement cost of the plant) or the income
approach (capitalization of income) or by two or more approaches. The assessed
value of an industrial plant shall be determined under ORS 308.146.
(2) The owner of
a plant may elect to have the plant appraised and valued for ad valorem
property tax purposes excluding the income approach to valuation. An owner
making an election under this subsection must further determine which of the
following paragraphs is applicable to the election:
(a) If this
paragraph applies to the election, the owner may not be required to provide any
itemization of income or expense of the industrial plant for use in making an
appraisal of the plant for ad valorem property tax purposes; or
(b) If this
paragraph applies to the election, the owner may not be required to provide any
itemization of income of the industrial plant for use in making an appraisal of
the plant for ad valorem property tax purposes, but may be required to provide
an itemization of operating expenses of the industrial plant for use in
measuring functional obsolescence in a market data approach or cost approach to
valuation.
(3) Not less than
30 days prior to the making of a physical appraisal or reappraisal of an
industrial plant by the Department of Revenue or by a county assessor, the
department or assessor shall notify the owner of the plant by mail, return
receipt requested, of the intention to physically appraise the plant. The
notice shall inform the owner of the date the appraisal is to commence. In
commencing the appraisal and to aid the owner in making an election under
subsection (2) of this section, the departments or assessors appraisers first
shall make a preliminary survey of the plant as to the methods and approaches
to the valuation of the plant to be used in the appraisal. The owner or owners
representative shall immediately thereafter meet with the appraisers, and
within two days after the meeting may give written notice to the appraisers
that the owner elects to have the plant valued in accordance with subsection
(2) of this section. The written notice shall state which paragraph of
subsection (2) of this section is applicable to the election. Failure to make
the election precludes the owner from making the election for the tax year in
which the valuation determined by the physical appraisal is first used on the
assessment and tax rolls of the county.
(4) If an owner
does not make an election under subsection (2) of this section, the owner shall
make available to the assessor or department all information requested by the
assessor or department needed to determine the real market value for the plant.
At the request of the owner, the information shall be made the confidential
records of the office of the assessor or of the department, subject to the
provisions of ORS 305.420 and 305.430.
(5) If an owner
makes an election under subsection (2) of this section, the owner may not in
any proceedings involving the assessment of the industrial plant for the tax
year for which the election was made, before the county property value appeals
board or the Oregon Tax Court, be entitled to introduce evidence relating to
the use of the income approach to valuation of the plant or introduce any
information protected under the election.
(6)(a) On or
before December 31 of the tax year in which the election under subsection (2)
of this section first applies to an assessment and tax roll, or on or before
December 31 of any subsequent tax year, if the owner is dissatisfied with the
election under subsection (2) of this section, the owner may revoke or revise
the election.
(b) If the
election is revoked, the owner may request the Department of Revenue or the
county assessor, whichever is applicable, to revalue the plant for the next tax
year using the appraisal methods set forth in subsection (1) of this section.
(c) If the
election is revised, the paragraph of subsection (2) of this section that was
not applicable to the election shall become applicable to the election in lieu
of the paragraph applicable before revision. If the election is revised, the
owner may request the Department of Revenue or the county assessor, whichever
is applicable, to revalue the plant for the next tax year in accordance with
the revised election.
(d) If a
revocation or revision of an election is sought, the owner shall demonstrate
that the determination of real market value requires taking into consideration
the utilization of the income approach to valuation or the measurement of
functional obsolescence using operating expense information. Thereafter, at the
request of the department or the assessor, the owner shall make available to
the department or the assessor all information requested by the department or
the assessor as provided in subsection (4) of
Plain English Explanation
This Oregon statute addresses and 308.235 utilizing the market data approach (sales of comparable properties),
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 308.232
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
This section of Oregon law addresses and 308.235 utilizing the market data approach (sales of comparable properties),
. Read the full statute text above for details.
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The formal citation is Oregon Code § 308.232. Use this format in legal documents and court filings.
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