Amends Constitution: Prohibits Real Estate Transfer Taxes, Fees, Other Assessments, Except those Operative on December 31, 2009

Oregon Ballot Measure - Measure 79

Election: Nov. 6, 2012 (General)
Outcome: Passed

Yes: 976587  (58.96%) Argument For
No: 679710  (41.04%) Argument Against



Ballot Measure 79 amends the Oregon Constitution to prohibit governments from imposing new real estate transfer taxes. This includes either a tax, fee or other assessment imposed on the sale or transfer of real property or a tax based on the value of the real estate.

Current state law prohibits local governments from imposing a new tax or fee on real estate transfers, but does allow the Legislature to impose a tax with a three-fifths vote. The Legislature also currently has the authority to remove the prohibition with a simple majority vote. This measure would eliminate that authority.

This ballot measure does not apply to a tax, fee or other assessment that was in effect and operative on December 31, 2009. There are several statewide and local fees that would remain in effect, as well as a real estate transfer tax in Washington County.

Measure Text

Amends Constitution: Prohibits real estate transfer taxes, fees, other assessments, except those operative on December 31, 2009.

Result of "Yes" vote: "Yes" vote prohibits state/local governments from imposing taxes, fees, assessments on transfer of any interest in real property, except those operative December 31, 2009.

Result of "No" vote: "No" vote retains existing law prohibiting local governments from imposing real estate transfer taxes/fees (with exceptions), allowing state legislature to impose such taxes/fees.

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