(1) Subject to subsection (2) of this section, land that is changed from farm use special assessment under ORS § 308A.050 to 308A.128 to special assessment as forestland under ORS § 321.257 to 321.390, at the election of the owner made under rules adopted by the Department of Revenue, shall not be valued under ORS § 308.205, 308.232 and 321.257 to 321.390 for the tax year of the change and years thereafter in which such special forestland assessment is in effect for the land, but shall be valued under ORS § 308A.050 to 308A.128, if:

(a) The land has been assessed under ORS § 308A.050 to 308A.128 for at least the 10 consecutive years immediately prior to the year for which the change is first effective;

(b) The planting of the timber takes place after October 15, 1983, and qualifies for the current tax year for special assessment as forestland under ORS § 321.257 to 321.390;

(c) The timber on the land is of an average age of less than 40 years; and

(d) The land is held by an owner having a total ownership of forestland in western Oregon not in excess of 2,000 acres, as determined under subsection (3) of this section.

(2) If timber on land valued under subsection (1) of this section reaches, for any tax year, an average age of 40 years or more, this section shall cease to apply. However, without application and without any additional tax, interest or penalty, the land shall for that tax year and for each year thereafter for which the land is qualified, be valued under ORS § 308.205, 308.232 and 321.257 to 321.390.

(3) In computing a forestland owner’s acreage for purposes of subsection (1) of this section, total ownership of the owner’s forestland, as defined in ORS § 321.257, in western Oregon shall be included.

(4)(a) An owner may not have forestland valued under subsection (1) of this section if the owner, or any individual having a share in the owner, has a spouse, brother, sister, ancestor or lineal descendant who is an owner, or who holds a share in an owner having forestland valued under subsection (1) of this section.

(b) The county assessor may grant exceptions to paragraph (a) of this subsection if the owner satisfactorily demonstrates that the combination of ownership with the indicated relatives arose from bona fide business reasons other than a desire to circumvent the 2,000 acre limitation imposed under subsection (1) of this section.

(5) As used in this section, ‘total ownership’ includes:

(a) Forestland owned by an owner individually; and

(b) Forestland owned by any corporate or other group or entity in which an owner of the corporation, group or entity owns a 10 percent or greater interest, directly or indirectly, in the corporation, group or entity. [1983 c.657 § 8; 1991 c.459 § 290; 1993 c.801 § 38a; 1999 c.19 § 6; 1999 c.314 § 66; 1999 c.1078 § 79; 2005 c.94 § 102]

[Formerly 528.180; 1973 c.348 § 10; repealed by 1977 c.892 § 51]

[1993 c.801 § 21a; 1999 c.21 § 51; repealed by 2003 c.621 § 22]

[1977 c.892 § 24; 1979 c.437 § 1; 1981 c.428 § 1; 1981 c.804 § 91; 1985 c.613 § 16; 1991 c.459 § 291; 1993 c.270 § 65; 1993 c.653 § 12; 1993 c.801 § 18; 1995 c.650 § 93; 1999 c.21 § 52; repealed by 2003 c.621 § 22b]

[1993 c.801 17a,20; 1995 c.79 § 174; 1997 c.541 § 391; 1999 c.19 § 7; 1999 c.21 § 53; 1999 c.1078 § 14; 2001 c.816 § 3; 2001 c.860 § 1; 2003 c.454 § 65; repealed by 2003 c.621 22b,22c]