“Destroyed or Damaged” means that the real or personal property is physically degraded by a qualifying fire or Act of God event. Property whose value is affected only by its proximity to another property physically degraded by a qualifying fire or Act of God event is not considered destroyed or damaged for purposes of proration of tax.

Example: A landslide caused by an Act of God occurs in a subdivision. Some properties in the subdivision are physically damaged or destroyed by the landslide. Other properties in the subdivision are not physically affected by the slide, but may have a degraded market value due to the market attaching a stigma to the subdivision. Only those properties in the subdivision, which were physically degraded by the slide, are “damaged or destroyed” and eligible for a proration of tax under ORS 308.425.

Statutory/Other Authority

ORS 305.100

Statutes/Other Implemented

ORS 308.425

History

Renumbered from 150-308.425, REV 56-2016, f. 8-13-16, cert. ef. 9-1-16
REV 11-2000, f. 12-29-00, cert. ef. 12-31-00