Southern Oregon Drydock, Inc. v. Department of Revenue

CARL N. BYERS, Judge.

This matter is before the court on cross Motions for Summary Judgment. The relevant facts are not disputed.

Plaintiff utilizes a 1,000-ton floating dry dock owned by the Port of Coos Bay. For tax years 1984-85 through 1987-88 the property was exempt from property taxation under ORS 307.120. However, under that statute, plaintiff paid an in lieu of tax.

Prior to amendment in 1987, ORS 307.120(2)(b) required the assessor to appraise the property before April 1 of each year and notify the person in possession of the assessed value and the amount of the in lieu of taxes due.…