ORS 308.115: Minerals, coal, oil, gas or other severable interests owned separately from realty not subject to tax; exception for actively mined interests; separately owned improvements separately assessed.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) Whenever any mineral, coal, oil, gas or other severable interest in or part of real property is owned separately and apart from the rights and interests owned in the surface ground of the real property, such minerals, coal, oil, gas or other interest or parts shall not be assessed and taxed. (2) Notwithstanding subsection (1) of this section, if the property is actively being mined as of the assessment date, the severable interest described in subsection (1) of this section shall be assessed and taxed as real or personal property in accordance with existing law in the name of the owner, separately from the surface rights and interests in the real property and may be sold for taxes in the same manner and with the same effect as other interests in real property are sold for taxes. (3) Whenever any building, structure, improvement, machinery or equipment is owned separately and apart from the land or real property on which it stands or to which it is affixed, such building, structure, improvement, machinery or equipment shall be assessed and taxed in the name of the owner. (4) Nothing in this section alters the tax-exempt status of a mining claim described in ORS 307.080. [Amended by 1979 c.689 §9; 1997 c.819 §9; 2012 c.30 §3]
Administrative rules citing this section
- OAR 150-308-0090: Billboards as Real Property — implements
This rule cites
- ORS 307.080 — resolved
Cited by
- ORS 311.644: Seizure and sale of personal property or real property machinery and equipment for delinquent property tax; notice.
- OAR 150-307-0010: Real Property
- OAR 150-307-0040: Taxation of Property Associated with Mining Claims on Federal Land
- OAR 150-308-1010: Farm Use Definitions, Inactivity Due to Illness, and Description of Lands in Non-Exclusive Farm Use
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors308.html