(2) In order for land to be subject to assessment under ORS 308A.450 to 308A.465:
(a) The terms of the conservation easement must be capable of meeting the requirements for being considered exclusively for conservation purposes under section 170(h) of the Internal Revenue Code if the land or easement were ever to be the subject of a contribution;
(b) The conservation easement must be recorded in the records of the clerk of the county in which the land is located; and
(c) A written certification must be filed with the county assessor stating that the conservation easement satisfies the requirements of paragraph (a) of this subsection. The certification must be filed by:
(A) The owner of the land, if a deduction has been claimed for federal income tax purposes under section 170 of the Internal Revenue Code for a qualified conservation contribution with respect to the conservation easement; or
(B) The holder, in all cases that are not described in subparagraph (A) of this paragraph. [2007 c.809 §3]
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