1. (1) Omitted property includes any real or personal property, or part thereof, that has been omitted from the certified assessment and tax roll for any reason. Omitted property may include, but is not limited to, a separate freestanding structure or improvement, an addition that increases the square footage of a structure or improvement, a remodel which increases a structure's real market value, or real or personal property machinery and equipment.

2. (2) Property may be added to the roll under ORS 311.216 if:

   1. (a) Omitted due to the assessor's lack of knowledge of its existence,
   2. (b) Improvements are added to or made a part of a property after that property has been physically appraised, and are later discovered by the assessor,
   3. (c) Improvements have been included in error on another account,
   4. (d) Omitted from a return filed pursuant to ORS 308.290, including understatement of costs for new property or improvements to property, or
   5. (e) Omitted for any other reason.
3. (3) Improvements which are in existence and are an integral part of property which is physically appraised may not later be revalued and added as omitted property under ORS 311.216. Undervaluation of a property due to the assessor’s failure to consider a portion of the property is not omitted property correctable under 311.216.

4. (4) When omitted property is discovered and its contribution to an account’s value is added under ORS 311.216, the value of the previously existing portion of the account cannot be adjusted.

   Example 1: Two years after a reappraisal, a homesite is developed, and a new single family residence is constructed. The new construction and the site development are discovered on the next physical appraisal. The assessor adds the value of the single family residence and the site development as omitted property under ORS 311.216.

   Example 2: “A” owns a parcel of land with a cabin on it. “A” divides the parcel and sells part to “B”, but retains the part with the cabin. The assessor incorrectly places the value of the cabin on “B’s” account. When the error is discovered, “B’s” value can be corrected under ORS 311.205, and “A’s” account must be corrected under ORS 311.216 as omitted property.

   Example 3: During a physical appraisal the assessor adds no value contribution for a reinforced concrete floor, and a manger with steel stanchions in a loft barn. The assessor later realizes that the loft barn is undervalued. The reinforced concrete floor and manger with steel stanchions may not be added as omitted property under ORS 311.

Statutory/Other Authority

ORS 305.100

Statutes/Other Implemented

ORS 311.216

History

Renumbered from 150-311.216, REV 28-2016, f. 8-12-16, cert. ef. 9-1-16
REV 4-2011, f. 12-30-11, cert. ef. 1-1-12
REV 8-1998, f. 11-13-98, cert. ef. 12-31-98, Renumbered from 150-311.207
RD 6-1994, f. 12-15-94, cert. ef. 12-30-94
RD 8-1991, f. 12-30-91, cert. ef. 12-31-91
RD 6-1986, f. & cert. ef. 12-31-86