Coos County v. Department of Revenue

705 P.2d 731, 299 Or. 711
CourtOregon Supreme Court
DecidedAugust 27, 1985
DocketTC 2097, 2107; SC S31343
StatusPublished

This text of 705 P.2d 731 (Coos County v. Department of Revenue) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Coos County v. Department of Revenue, 705 P.2d 731, 299 Or. 711 (Or. 1985).

Opinion

JONES, J.

In 1977, the Oregon legislature changed the method of taxing forest lands in this state. Or Laws 1977, ch 892. Prior to that time, both forest lands and timber were subject to an ad valorem tax. Under ORS chapter 321 and Oregon Laws 1979, chapter 497, a severance tax was placed on the timber. As a result of these changes, forest land values were significantly increased by the Department of Revenue. Several timber companies appealed these new valuations to the Oregon Tax Court. The tax court affirmed the Department of Revenue. Upon appeal, this court affirmed the tax court with some modification to the forest land values. Publishers Paper v. Dept. of Revenue, 292 Or 836, 644 P2d 1089 (1982).

Following our decision in Publishers Paper, the Department of Revenue issued several directives to all the western Oregon counties. The first directive instructed the counties to correct their tax rolls as soon as possible, making the adjustments in forest land values necessitated by the Publishers Paper decision. The second directive advised the counties that ORS Sll^CU^)1 applied to these tax roll corrections and that it was not necessary to send tax bills for those corrections resulting in an increase of less than $1,000 in the true cash value. The third directive advised the counties that in order for a single tax account to be subject to any additional taxes in any given year, the true cash value of the affected forest land would have to increase by $1,000 or more. The directive further advised the counties that application of ORS 311.205(3) was mandatory. Any taxes which had been collected without complying with ORS 311.205(3) were directed to be refunded in accordance with ORS 311.806.2

[714]*714All the affected counties, except Coos County, complied with these directives. Coos County refused, contending that ORS 321.352, ORS 321.377 and Oregon Laws 1979, chapter 497, preempt ORS 311.205, the general valuation correction statute.

Appeals were brought to the Department of Revenue by several taxpayers.3 The Department of Revenue issued opinions and orders requiring Coos County to cancel any tax bills which had been sent for changes of less than $1,000 in true cash value and directing that the county refund any excess taxes collected.

Coos County appealed to the tax court. The tax court affirmed the Department of Revenue. Coos County appealed to this court.

The issue presented is whether the specific appeal and collection provisions for forest land taxes found in ORS chapter 321 and Oregon Laws 1979, chapter 497, preempt the operation of the general land value corrections statute, ORS 311.205, which prohibits additional property tax billings if the land valuation change is less than $1,000.

I. ORS 311.205 APPLIES TO CORRECTIONS

When the legislature changed the method of taxing western Oregon forests by enacting Oregon Laws 1977, chapter 892, it recognized the potential for appeals. Both ORS 321.377 (which governs assessment of forest lands for 1977) and ORS 321.352 (which governs tax years 1978 and after) contain provisions relating to appeals. ORS 321.377(5) states:

“If the tax court increases or reduces any of the base land class values under appeal, the decree of the tax court or if changed upon appeal, the decision of the Supreme Court, shall apply to the valuation of all forest land of the same base land class in the designated market area for the year 1977. * * * The final determination of the tax court or the Supreme Court on appeal shall be binding upon the department and upon each assessor and taxpayer affected by such determination of value.”

ORS 321.352(6) is similar. It states:

[715]*715“If the tax court increases or reduces any of the values under appeal, the decree of the court shall apply to the valuation of all forest land in the designated market area for that year. * * * Unless changed upon appeal to the Supreme Court, the tax court determination shall be binding upon the department and upon each assessor and taxpayer affected by such determination of value.”

Both subsections provide that the final determination on appeal is binding upon the assessor and taxpayer and that it applies to the value of all forest land of the same class. No reference is made to ORS 311.205. Coos County argues that the statutory intendment is to collect all back taxes.

Coos County also argues that the inapplicability of ORS 311.205 is evident from Oregon Laws 1979, chapter 497, which states that “the officer or officers in possession of the assessment and tax rolls shall make the corrections stated in the order of the Department of Revenue, the decision and mandate of the Oregon Tax Court or the decision and mandate of the Supreme Court, whichever is applicable.” It goes on to require that “additional taxes and interest attributable thereto, collected because the value of the forest land is greater than that entered in the rolls * * * shall be deposited with the county treasurer to be held in a special account pursuant to this subsection.”

Coos County contends:

“The language of Chapter 497 dealing with the correction and collection of taxes is complete in and of itself. There is no need to refer to ORS 311.205 to determine what corrections are to be made. Chapter 497 instructs those in charge of the assessment and tax rolls to make the correction as required by the decision and mandate of the Supreme Court and to collect additional taxes attributable thereto. In Chapter 497, the Oregon Legislature specifically dealt with correcting the tax roll and the collection of additional taxes and expressed no intent comparable to that found in ORS 311.205(3) to limit the ability of Plaintiff to correct tax rolls in order to collect back taxes.”

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Related

Davis v. Wasco Intermediate Education District
593 P.2d 1152 (Oregon Supreme Court, 1979)
Publishers Paper Co. v. Deptartment of Revenue
644 P.2d 1089 (Oregon Supreme Court, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
705 P.2d 731, 299 Or. 711, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coos-county-v-department-of-revenue-or-1985.