Chapter 105 — Chapter 105

ORS 105.375 In whose name securities taken or investments made. Except as provided in ORS 105.380, security for the proceeds of sale shall be taken or investments of the proceeds shall be made in the name of the clerk of the court and the clerk’s successors in office, who shall hold the same for the use and benefit of the parties interested, subject to the order of the court

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ORS 105.380 When securities are payable to parties. When security is taken by the referees on a sale, and the parties interested in the security, by an instrument in writing under their hands delivered to the referees, agree upon the shares and proportions to which they are entitled, or when shares and proportions have been previously adjudged by the court, the securities shall be taken in the names of and payable to the parties entitled thereto, and shall be delivered to such parties upon their receipt therefor. Such agreement and receipt shall be returned and filed with the clerk

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ORS 105.385 Clerk’s treatment of securities and investments. The clerk in whose name a security is taken or by whom an investment is made, and the clerk’s successors in office, shall receive the interest and principal as it becomes due and apply and invest it as the court may direct. The clerk shall file in the office of the clerk all securities taken, and keep an account in a book provided and kept for that purpose in the office, free for inspection by all persons, of investments and moneys received and disposed of by the clerk

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ORS 105.390 When proceeds paid to conservator or guardian of infant. When the share of an infant is sold, the proceeds of the sale may be paid by the referees making the sale to the guardian of the infant, the conservator of the estate of the infant or the special guardian appointed for the infant in the suit, upon the guardian or conservator giving the security required by law or ordered by the court. [Amended by 1973 c.823 §100]

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ORS 105.395 Payment of proceeds to conservator of incapacitated person. When the interest in real property of an incapacitated person has been sold, the share of the incapacitated person of the proceeds shall be given, on the behalf of the incapacitated person, to the conservator of the estate of the incapacitated person if the conservator executes, with sufficient sureties, an undertaking approved by the judge of the court, that the conservator will faithfully discharge the trust reposed in the conservator and will render a true and just account to the person entitled to the proceeds or to the legal representative of the person. [Amended by 1973 c.823 §101]

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ORS 105.400 When conservator or guardian may consent to partition. When an infant or an incapacitated person is interested in real estate held in common or in any other manner so as to authorize the infant or incapacitated person being made a party to an action for the partition thereof, the guardian of the infant or incapacitated person or the conservator of the estate of the infant or incapacitated person may consent to a partition without suit and agree upon the share to be set off to the infant or incapacitated person. When the court so orders, the guardian or conservator may execute a release on behalf of the infant or other incapacitated person to the owners of the other shares of the parts to which they are respectively entitled. [Amended by 1973 c.823 §102; 1987 c.158 §17]

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ORS 105.405 Costs and expenses of partition. (1) The expenses of the referees, including those of a surveyor and assistants of the surveyor when employed, shall be ascertained and allowed by the court, and the amount thereof, together with the fees allowed by law to the referees, shall be paid by the plaintiff, and may be allowed as part of the costs of partition

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ORS 105.420 Findings; policy. (1) The Legislative Assembly recognizes that there exists residential property in this state that is insanitary and unsafe and that many citizens, especially those with lower incomes, are forced to live in and occupy these properties

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ORS 105.425 Definitions for ORS 105.420 to 105.455. As used in ORS 105.420 to 105.455

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ORS 105.430 Receivership for buildings that constitute threat to public health, safety or welfare; procedure. (1) If residential property is in violation of building or housing codes such that the city or county believes it constitutes a threat to the public health, safety or welfare, the city or county, in addition to any other remedies available, may apply to the circuit court of the county in which the property is located for the appointment of a receiver to perform an abatement

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ORS 105.435 Authority of receiver; financing agreements; fee; abatement work exempt from public contracting law. (1) A receiver appointed by the court pursuant to ORS 105.420 to 105.455 may, unless specifically limited by the court

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ORS 105.440 Report of abatement expenditures; court approval; lien. (1) From time to time as the court may order during the receivership, but at least once no later than 60 days after the receivership begins and once no later than 30 days after the receivership terminates, a receiver shall file a report as described in ORS 37.200. Upon the court’s approval of the report, the court shall order

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ORS 105.445 Effect on purchase money security interest of lien for unpaid abatement expenses. (1) As used in this section, “purchase money security interest” means

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ORS 105.450 Termination of receivership. The receivership authorized pursuant to the terms of ORS 105.420 to 105.455 shall terminate only by an order of the court after a showing by an interested party or the receiver that

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ORS 105.452 Applicability of Oregon Receivership Code. If applicable under ORS 37.040, the Oregon Receivership Code applies to receiverships commenced under ORS 105.420 to 105.455, except that the provisions of ORS 105.420 to 105.455 control over conflicting provisions of the Oregon Receivership Code. [2017 c.358 §53]

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ORS 105.455 Short title. ORS 105.420 to 105.455 may be cited as the Oregon Housing Receivership Act. [1989 c.649 §1; 2019 c.191 §5]

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ORS 105.462 Definitions for ORS 105.462 to 105.490. For purposes of ORS 105.462 to 105.490

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ORS 105.463 Preemptive effect of ORS 105.464. ORS 105.464 preempts any law, rule, regulation, code or ordinance of the political subdivisions of this state including, but not limited to, the Lane Regional Air Protection Agency regarding the disclosure of solid fuel burning devices, as defined in ORS 468A.485, in connection with a written offer to purchase real property in this state for which a seller’s property disclosure statement is required under ORS 105.465 and 105.470. [2009 c.387 §17]

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ORS 105.464 Form of seller’s property disclosure statement. A seller’s property disclosure statement must be in substantially the following form

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ORS 105.465 Application of ORS 105.462 to 105.490, 696.301 and 696.870; disclosure statement. (1) The provisions of ORS 105.462 to 105.490, 696.301 and 696.870

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ORS 105.470 Exclusions from ORS 105.462 to 105.490, 696.301 and 696.870. ORS 105.462 to 105.490, 696.301 and 696.870 do not apply to

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ORS 105.475 Buyer’s statement of revocation of offer; criteria. (1) If a seller issues a seller’s property disclosure statement and a buyer has not then delivered to the seller a written statement waiving the buyer’s right to revoke the buyer’s offer, the buyer shall have five business days after delivery of the seller’s property disclosure statement to revoke the buyer’s offer by delivering to the seller a separate signed written statement of revocation disapproving the seller’s disclosure

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ORS 105.480 Representations in disclosure statement; application. (1) The representations contained in a seller’s property disclosure statement and in any amendment to the disclosure statement are the representations of the seller only. The representations of the seller are not representations of

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ORS 105.485 Allocation of burden of proof. The burden of proof of lawful delivery of a seller’s property disclosure statement and any amendment thereto is on the seller. The burden of proof of lawful delivery of a notice of revocation of a buyer’s offer is on the buyer. [1993 c.547 §5; 2003 c.328 §8]

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ORS 105.490 Effect of ORS 105.462 to 105.490, 696.301 and 696.870 on rights and remedies. ORS 105.462 to 105.490, 696.301 and 696.870 do not directly, indirectly or by implication limit or alter any preexisting common law or statutory right or remedy including actions for fraud, negligence or equitable relief. [1993 c.547 §8; 2003 c.328 §9]

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ORS 105.505 Remedies available for private nuisance. Any person whose property or personal enjoyment thereof is affected by a private nuisance, may maintain an action for damages therefor. If judgment is given for the plaintiff in the action, the plaintiff may, on motion, in addition to the execution to enforce the judgment, obtain an order allowing a warrant to issue to the sheriff to abate the nuisance. The motion must be made at the term at which judgment is given, and shall be allowed of course, unless it appears on the hearing that the nuisance has ceased or that such remedy is inadequate to abate or prevent the continuance of the nuisance, in which latter case the plaintiff may proceed to have the defendant enjoined. [Amended by 1979 c.284 §96]

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ORS 105.510 Procedure for abating a nuisance. Not more than six months after an order to abate is entered under ORS 105.505, the plaintiff may file a request with the clerk of court for the issuance of a warrant to the sheriff that directs the sheriff to abate the nuisance. The sheriff may require that the plaintiff pay all sheriff’s fees required by ORS 21.300 before executing the warrant, and may require that the plaintiff also pay all expenses of the sheriff incurred in executing the warrant. [Amended by 2011 c.366 §2]

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ORS 105.515 Stay of issuance of warrant to abate. At any time before an order to abate is made or a warrant to abate is issued, the defendant may, on motion to the court or judge thereof, have an order to stay the issuing of the warrant for such period as may be necessary, not exceeding six months, to allow the defendant to abate the nuisance, upon giving an undertaking to the plaintiff in a sufficient amount, in the form of an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008, or a bond with one or more sureties, to the satisfaction of the court or judge thereof, that the defendant will abate the nuisance within the time and in the manner specified in the order. [Amended by 1991 c.331 §27; 1997 c.631 §401]

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ORS 105.520 Justification of sureties; proceedings when nuisance is not abated. If the plaintiff is not notified of the time and place of the application for the order provided for in ORS 105.515, the sureties therein provided for shall justify as bail upon arrest, otherwise the justification may be omitted unless the plaintiff requires it. If the order is made and undertaking given, and the defendant fails to abate the nuisance within the time specified in the order, at any time within six months thereafter, the warrant for the abatement of the nuisance may issue as if the warrant had not been stayed

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ORS 105.525 [Repealed by 1969 c.509 §8]

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ORS 105.530 [Repealed by 1969 c.509 §8]

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ORS 105.550 Definitions for ORS 105.550 to 105.600. As used in ORS 105.550 to 105.600, unless the context requires otherwise

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ORS 105.555 Places declared nuisances subject to abatement. (1) The following are declared to be nuisances and shall be enjoined and abated as provided in ORS 105.550 to 105.600

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ORS 105.560 Action to restrain or enjoin nuisance; jurisdiction; remedies. (1) An action to restrain or enjoin a nuisance described in ORS 105.555 or 105.597 may be brought by the Attorney General, district attorney, county attorney, city attorney or a person residing or doing business in the county where the property is located. The action shall be brought in the circuit court in the county where the property is located. Except as provided in subsection (5) of this section, the action may be commenced in the small claims department of the circuit court for the county where the property is located

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ORS 105.565 Complaint; service; jury trial; admissibility of reputation as evidence. (1) Any action shall be commenced by the filing of a complaint alleging facts constituting the nuisance, and containing a legal description of the property involved and an allegation that the owners of record of the property have been notified of the facts giving rise to the alleged nuisance at least 10 days prior to the filing of the action with the court. The complaint must specify whether the plaintiff will seek the remedy provided in ORS 105.580 (2)

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ORS 105.570 [Formerly 465.140; repealed by 1999 c.168 §12]

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ORS 105.575 Precedence of action on court docket. An action under ORS 105.550 to 105.600 shall have precedence over all other actions, except prior matters of the same character, criminal proceedings and election contests. [1989 c.846 §6; 1999 c.168 §8]

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ORS 105.580 Order of abatement; cancellation. (1) Except as provided in subsection (3) of this section, if the existence of the nuisance is established in the action, an order of abatement shall be entered as part of the general judgment in the case

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ORS 105.585 Costs of securing or decontaminating property as lien; priority of lien; filing notice of pendency. (1) Any costs associated with securing the property under ORS 105.550 to 105.600 shall constitute a lien against the property declared to be a nuisance from the time a notice specifying the costs is filed of record

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ORS 105.590 Penalty for intentional violation of restraining order. An intentional violation of a restraining order, preliminary injunction or order of abatement under ORS 105.550 to 105.600 is a Class B misdemeanor. [1989 c.846 §9; 1999 c.168 §9; 2011 c.597 §159]

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ORS 105.595 Action to abate nuisance not to affect other remedies; exception. Except to the extent that a judgment has been entered in the action for damages under ORS 105.560 (2), the abatement of a nuisance under ORS 105.550 to 105.600 does not prejudice the right of any person to recover damages for its past existence. [1989 c.846 §10; 1999 c.168 §5]

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ORS 105.597 Places declared nuisances per se. In addition to any places described in ORS 105.555, the following are declared to be nuisances and shall be enjoined and abated as provided in ORS 105.550 to 105.600

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ORS 105.600 ORS 105.550 to 105.600 not to limit authority of cities or counties to further restrict activities. The provisions of ORS 105.550 to 105.600, 166.715 and 167.158 shall not be construed to limit the powers of cities and counties to adopt ordinances and regulations that further restrict the activities declared by ORS 105.555 or 105.597 to be nuisances provided that no such ordinance or regulation shall affect real or personal property unless it is consistent with the provisions of ORS 105.550 to 105.600, 166.715 and 167.158. [1989 c.846 §11; 2015 c.136 §5]

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ORS 105.605 Suits to determine adverse claims. Any person claiming an interest or estate in real property not in the actual possession of another may maintain a suit in equity against another who claims an adverse interest or estate therein for the purpose of determining such conflicting or adverse claims, interests or estates. Any municipal corporation or county of this state claiming any interest or estate in real property which is not in the actual possession of another, including real property acquired by foreclosure of delinquent tax liens situated in the same county, may maintain a suit in equity against all persons who claim an adverse interest or estate in all or any part of the property for the purpose of determining the conflicting or adverse claims, interests or estates. One or more parcels may be included in one suit and the issue made by the pleadings in any suit by a municipality or county relating only to a certain parcel or part of the real property, shall be separately tried and determined upon motion of any interested party

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ORS 105.610 Suit to cancel patent of donee under Donation Law. Whenever any person claims real property as a donee of the United States by virtue of a settlement thereon under the Act of Congress approved September 27, 1850, commonly called the Donation Law, or the Acts amendatory thereto, and the patent for such property, or any portion thereof, was wrongfully issued to another, the person may maintain a suit in equity against the person to whom the patent was issued, or those claiming under the person, for the purpose of having the patent canceled, and the estate or interest of the plaintiff in the property ascertained and established. In such suit, the party entitled to and making the settlement under such Acts of Congress, and complying with the subsequent conditions thereby required, is deemed to have a legal estate in fee in the property although the patent therefor was issued to another

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ORS 105.615 Action by tenant in common against cotenants. Unless otherwise agreed or provided in a granting document, a tenant in common of real property may acquire fee simple title to the real property by adverse possession as against all other cotenants if the tenant in common or the tenant in common’s predecessor in interest has been in possession of the real property, exclusive of all other cotenants, for an uninterrupted period of 20 years or more and has paid all taxes assessed against such property while in possession. Notice of the exclusive possession need not be given to the other cotenants by the cotenant in possession. [1969 c.350 §1; 1989 c.1069 §3]

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ORS 105.618 Adverse possession of railroad property. A person may not acquire by adverse possession, as defined in ORS 105.620, property owned by a railroad or used for a railroad operation. [2007 c.440 §1]

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ORS 105.620 Acquiring title by adverse possession. (1) A person may acquire fee simple title to real property by adverse possession only if

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ORS 105.623 Short title. ORS 105.623 to 105.649 may be cited as the Uniform Disclaimer of Property Interests Act. [2001 c.245 §1]

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ORS 105.624 Definitions for ORS 105.623 to 105.649. As used in ORS 105.623 to 105.649

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