Chapter 358 — Chapter 358

ORS 358.415 Definitions for ORS 358.420 to 358.440. For the purposes of ORS 358.420 to 358.440

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ORS 358.420 Status of property loaned to a museum; statute of limitations on recovery. (1) No action shall be brought against a museum to recover property on loan to the museum when more than 25 years have passed from the date of the last written contact between the lender and the museum

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ORS 358.425 Notice of termination of loan; content. (1) A museum may give notice of termination of a loan of property at any time if the property was loaned to the museum for an indefinite term. If the property was loaned to the museum for a specified term, the museum may give notice of termination of the loan at any time after the expiration of the specified term

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ORS 358.430 Procedure for giving notice; responsibility of owner. (1) To give notice of termination of a loan, the museum shall mail a notice to the lender at the most recent address of the lender as shown on the museum’s records pertaining to the property on loan. If the museum has no address in its records, or the museum does not receive written proof of receipt of the mailed notice within 30 days of the date the notice was mailed, the museum shall publish notice at least once a week for three consecutive weeks in a newspaper of general circulation in both the county in which the museum is located and the county of the lender’s address, if any

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ORS 358.435 Status of title to acquired property. One who purchases property from a museum acquires good title to the property if the museum represents that it has acquired title to the property pursuant to ORS 358.420. [1985 c.580 §5]

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ORS 358.440 Notice to lenders. When a museum accepts a loan of property, the museum shall inform the lender in writing of the provisions of ORS 358.420 to 358.440. [1985 c.580 §6]

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ORS 358.442 Definitions for ORS 358.442 to 358.474. As used in ORS 358.442 to 358.474, unless the context requires otherwise

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ORS 358.444 Creation of heritage district. (1) A heritage district may be created as provided in ORS 198.705 to 198.955 and 358.442 to 358.474

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ORS 358.446 Formation of multicounty heritage district. (1) In addition to other methods for formation of a heritage district authorized under ORS 198.705 to 198.955 and 358.442 to 358.474, the governing body in each of two or more counties may initiate the formation of a multicounty district, to be located entirely within those counties, by an order setting forth

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ORS 358.448 Heritage district board. (1) The officers of a heritage district shall be a board of five members, to be elected by the electors of the district. The district board shall appoint a representative of the museums in the district to serve as secretary of the district

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ORS 358.450 Election of first heritage district board. (1) Five district board members shall be elected at the election for heritage district formation. Nominating petitions or declarations of candidacy described in ORS 249.031 shall be filed with the county governing body. The fee for a declaration of candidacy shall be as prescribed in ORS 255.235

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ORS 358.452 Election of heritage district board members; initiative and referendum. (1) ORS chapter 255 governs the following

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ORS 358.454 Result of election at large or by zone; oath of office; vacancy; term of office. (1) If two or three board members of a heritage district are to be elected at a regular district election at large, the candidates receiving the highest number of votes shall be elected. If one or more board members are to be elected by zone, the candidate receiving the highest number of votes in each zone shall be elected

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ORS 358.456 Choice of election at large or by zone. (1) Heritage district board members may be elected by one of the following methods or a combination thereof

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ORS 358.458 Change in method of nominating and electing heritage district board members. (1) A heritage district may not change the method for nominating and electing board members, unless the change is approved by the electors of the district in an election held prior to the change in method. The district board

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ORS 358.460 Population within boundaries of zones in heritage districts. The board of a heritage district shall adjust the boundaries of zones established within a district as necessary to make them as nearly equal in population as is feasible according to the latest federal census. The district board also shall adjust boundaries of zones as necessary to reflect boundary changes of the district. [Formerly 198.982]

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ORS 358.462 Filing boundary change with county assessor and Department of Revenue. For purposes of ad valorem taxation, a boundary change of a zone established within a heritage district must be filed in final approved form with the county assessor and the Department of Revenue as provided in ORS 308.225. [Formerly 198.983]

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ORS 358.464 Duties of heritage district board. (1) The board of a heritage district shall be the governing body of the district and shall exercise all powers thereof

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ORS 358.466 Powers of heritage district board. The board of a heritage district has the power

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ORS 358.468 [Formerly 198.986; repealed by 2023 c.173 §1]

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ORS 358.470 Sinking fund for acquisition of historic real property and restoration of historic buildings or facilities. The board of a heritage district, by resolution duly adopted, may establish sinking funds for the purpose of defraying the costs of acquiring historic real property and for restoration of historic buildings or facilities. A sinking fund may be created through the inclusion annually within the tax budget of the district of items representing the yearly installments to be credited to the fund. The amount of these items shall be collected and credited to the proper fund in the same manner in which taxes levied or revenues derived for other purposes for the district are collected and credited. None of the moneys in sinking funds shall be diverted or transferred to other funds, but if unexpended balances remain after disbursement of the funds for the purpose for which they were created, such balances, upon approval by resolution of the board, shall be transferred to the operation and maintenance fund of the district. [Formerly 198.987]

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ORS 358.472 Legal counsel for heritage district. The board of a heritage district may call upon the attorney for the heritage district for advice as to any district business. The attorney for the heritage district shall give advice when called on for advice by the board. The board may at any time employ special counsel for any purpose. [Formerly 198.988]

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ORS 358.474 Employees’ retirement system. A heritage district may establish an employees’ retirement system as provided for rural fire protection districts under ORS 478.355 to 478.370. [Formerly 198.989]

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ORS 358.475 The Legislative Assembly hereby declares that it is in the best interest of the state to maintain, preserve and rehabilitate properties of Oregon historical significance. Historic preservation incentive programs provide a public benefit by encouraging preservation and appropriate rehabilitation of significant historic properties. These historically significant portions of the built environment contain the visual and intellectual record of our irreplaceable cultural heritage. They link us with our past traditions and values, establish standards and perspectives for measuring our present achievements and set goals for future accomplishments. To the extent that Oregon’s historic preservation incentive programs encourage the preservation and appropriate rehabilitation of significant historical property, the programs create a positive partnership between the public good and private property that promotes economic development; tourism; energy and resource conservation; sustainability; neighborhood, downtown and rural revitalization; efficient use of public infrastructure; and civic pride in our shared historical and cultural foundations

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ORS 358.480 As used in ORS 358.480 to 358.545, unless the context requires otherwise

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ORS 358.482 [1995 c.693 §2; 2001 c.540 §3; repealed by 2009 c.892 §20]

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ORS 358.485 [1975 c.514 §3; 1983 c.720 §3; 1989 c.904 §54; 1995 c.693 §15; repealed by 2001 c.540 §25]

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ORS 358.487 (1) An owner of historic property desiring classification and special assessment under ORS 358.480 to 358.545 for the property shall apply to the State Historic Preservation Officer on forms approved by the officer

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ORS 358.490 (1)(a) After an application is submitted under ORS 358.487, the State Historic Preservation Officer shall first review the application to determine whether the application meets the requirements of ORS 358.487 and may view the premises

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ORS 358.495 (1)(a) Immediately following approval or disapproval of an application under ORS 358.490, the State Historic Preservation Officer shall notify the county assessor, the governing body and the applicant of the decision in writing not later than July 1 of the tax year for which classification and special assessment are first desired

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ORS 358.499 (1) Property first classified and specially assessed as historic property for a tax year beginning on or before July 1, 1994, shall continue to be so classified, specially assessed and removed from special assessment as provided under ORS 358.480 to 358.545 as those sections were in existence and in effect on December 31, 1992

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ORS 358.500 (1) The owner of property certified for special assessment as historic property under ORS 358.490 shall submit written progress reports concerning the preservation plan to the State Historic Preservation Officer in a form prescribed by the officer on or before December 31 of the third, sixth and ninth years of the historic property special assessment period under ORS 358.480 to 358.545

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ORS 358.502 [1957 c.196 §1; repealed by 1957 c.196 §10]

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ORS 358.504 [1957 c.196 §3; repealed by 1957 c.196 §10]

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ORS 358.505 (1)(a) Except as provided in paragraphs (b) and (c) of this subsection, for property certified for special assessment as historic property under ORS 358.490, the county assessor shall for 10 consecutive tax years list on the assessment and tax roll a specially assessed value that equals the real market value of the property at the time application was made under ORS 358.487

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ORS 358.506 [1957 c.196 §4; repealed by 1957 c.196 §10]

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ORS 358.507 [1997 c.541 §433; repealed by 2001 c.540 §26]

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ORS 358.508 [1957 c.196 §5; repealed by 1957 c.196 §10]

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ORS 358.509 If the county assessor, local landmark commission or governing body has reason to believe that property classified as historic property is not being maintained, rehabilitated or preserved as required under the preservation plan approved for the property, as amended, or as required under rules established by the Department of Revenue or the State Historic Preservation Officer, or otherwise no longer qualifies for classification and special assessment as historic property, the county assessor, local landmark commission or governing body shall request the State Historic Preservation Officer to determine if the property continues to qualify. The request shall be in writing and state the reasons why the continuing qualification is questioned. Upon receipt of the request, the State Historic Preservation Officer may initiate a continuing qualification review. If a review is initiated, the State Historic Preservation Officer or designee of the officer shall inspect the property and may take whatever steps are necessary to determine if the property continues to qualify for special assessment. The State Historic Preservation Officer shall notify the county assessor of the determination made pursuant to the request within 60 days after the request is received

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ORS 358.510 [Repealed by 1957 c.196 §2]

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ORS 358.511 Historic Assessment Review Committee. (1) There is established an Historic Assessment Review Committee consisting of five members appointed by the Governor

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ORS 358.512 [1957 c.196 §6; repealed by 1957 c.196 §10]

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ORS 358.514 [1957 c.196 §7; repealed by 1957 c.196 §10]

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ORS 358.515 (1) When property has once been classified and assessed as historic property pursuant to application filed under ORS 358.487, it remains classified and is granted the special assessment provided by ORS 358.505 until it becomes disqualified for classification and special assessment by

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ORS 358.516 [1957 c.196 §10; repealed by 1957 c.196 §10]

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ORS 358.520 [Renumbered 390.220]

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ORS 358.525 (1) Except as provided in subsection (4) of this section, whenever property that has received special assessment as historic property under ORS 358.480 to 358.545 becomes disqualified for assessment as provided in ORS 358.515, there is added to the tax extended against the property on the next general property tax roll, to be collected and distributed in the same manner as the remainder of real property tax

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ORS 358.526 [2001 c.540 §12b; repealed by 2009 c.892 §20]

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ORS 358.528 When any property has been classified and specially assessed as historic property under ORS 358.480 to 358.545 and the owner or other qualified person applies for a change in the classification under another special assessment program, the applicant shall have 30 days thereafter within which to withdraw the application, by giving written notice to the public official or agency to whom the applicant applied for the change in classification. If no notice of withdrawal is given by the applicant, the application shall be acted upon and the change in classification made, as otherwise provided by law

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ORS 358.530 [Repealed by 1959 c.242 §1]

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