Oregon Real Estate Transfer Tax Amendment, Measure 79 (2012)
|Real Estate Transfer Tax Amendment|
- See also: 2012 ballot measure election results
|Oregon Measure 79|
- Official results from the Oregon Secretary of State.
Text of measure
The official ballot title was:
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.
Summary: Amends constitution. Current statutory law prohibits a city, county, district, or other political subdivision or municipal corporation from imposing taxes or fees on the transfer of real estate (with certain exceptions). However, the state legislature has the authority, subject to Governor approval, to impose such taxes and fees or to change current statutory law. Measure prohibits the state and any city, county, district, or other political subdivision or municipal corporation from imposing taxes, fees, or other assessments based upon the transfer of any interest in real property or measure by the consideration paid or received upon the transfer of any interest in real property. Measure exempts from the prohibition any taxes, fees, or other assessments in effect and operative on December 31, 2009. Other provisions.
Supporters argued that although Oregon law prohibiyted real estate transfer taxes in Oregon, a preemptive step was needed to ensure that the law remains in effect. However, proponents of the proposed measure also worried about recently proposed bills in legislative sessions to rescind the rule.
Protect Oregon Homes headed the petition drive campaign to gather sufficient signatures to qualify the proposed measure.
Opponents said the measure was unnecessary because the tax was already banned by state law. Defend Oregon was a political action committee filed in opposition to the measure.
Path to the ballot
- See also: Oregon signature requirements
In order to qualify for the ballot, supporters were required to collect a minimum of 116,283 valid signatures by July 6, 2012. According to reports in early November 2010, supporters had collected more than 25,000. In December 2011, a 100,000 signatures had been collected. An estimated 60,000 were collected by paid petitioners.
- East Oregonian, "Realtor heads fight against transfer tax," November 10, 2010
- Oregon Secretary of State, "Initiative 5 ballot title," April 13, 2010
- The Oregonian, "National Association of Realtors kicks in $332,000 for Oregon ballot initiative," December 6, 2011
- Register-Guard, "Real estate measure aims at insuring against future tax," October 18, 2012
- Oregonian, "Oregon Realtors turn in signatures for proposed ballot measure to ban new real estate transfer fees," May 24, 2012
- Initiative 5 (status)