Habitat for Humanity v. Dept. of Rev.
Habitat for Humanity of the Mid-Willamette Valley was a nonprofit corporation. Part of Habitat's mission (as reflected in its articles of incorporation) is that it acquires vacant lots and builds affordable housing on those lots. In this direct appeal from the Regular Division of the Tax Court (Tax Court), the issue was whether Habitat was entitled to an exemption from property taxes assessed on a vacant lot that it owned. During the relevant time, Habitat intended to build a home on the lot but had not yet started construction. The Marion County Assessor (the county) denied Habitat’s application for a tax exemption under ORS 307.130(2)(a), which provided nonprofit institutions with a tax exemption on “such real or personal property, or proportion thereof, as is actually and exclusively occupied or used in the literary, benevolent, charitable or scientific work carried on by such institutions.” The Tax Court affirmed, holding that Habitat was not using the vacant lot to carry out its charitable work at the time of the assessment. The Supreme Court reversed, finding that it was "apparent" that the real property at issue was actually and exclusively "used in the literary, benevolent, charitable or scientific work carried on" by Habitat. As a result, at the time of the assessment, Habitat was entitled to receive the exemption that the county denied. View "Habitat for Humanity v. Dept. of Rev." on Justia Law