Usa Oregon

USA Statutes : oregon
Title : TITLE 09 MORTGAGES AND LIENS
Chapter : Chapter 105 Property Rights
(1) Any person who has
a legal estate in real property and a present right to the possession of
the property, may recover possession of the property, with damages for
withholding possession, by an action at law. The action shall be
commenced against the person in the actual possession of the property at
the time, or if the property is not in the actual possession of anyone,
then against the person acting as the owner of the property.

(2) In an action brought under subsection (1) of this section or in
a separate action for damages only, a person who, throughout the vesting
period, used or occupied land of another with the honest and objectively
reasonable belief that the person was the actual legal owner of the land
shall not be liable for:

(a) Double or treble damages under ORS 105.810 (1) to (3) or
105.815; or

(b) The value of the use or occupation of the land by the person
throughout the vesting period. [Amended by 1989 c.1069 §2; 1991 c.109 §1;
1999 c.544 §3] The plaintiff in the complaint shall
set forth:

(1) The nature of the estate of the plaintiff in the property,
whether it be in fee, for life, or for a term of years; including, when
necessary, for whose life and the duration of the term.

(2) That the plaintiff is entitled to the possession thereof.

(3) That the defendant wrongfully withholds the property from the
plaintiff to the damage of the plaintiff for such sum as is therein
claimed.

(4) A description of the property with such certainty as to enable
the possession thereof to be delivered if there is recovery. The defendant shall not be allowed to give in
evidence any estate, license or right of possession in the property in
the defendant or another, unless the same is pleaded in the answer. If
pleaded, the nature and duration of the estate, license or right of
possession shall be set forth with the certainty and particularity
required in a complaint. If the defendant does not defend for the whole
of the property, the defendant shall specify for what particular part the
defendant does defend. A defendant who is in
actual possession may, for answer, plead that the defendant is in
possession only as tenant of another; naming the landlord and the place
of residence of the landlord. Thereupon the landlord, if the landlord
applies therefor, shall be made defendant in place of the tenant and the
action shall proceed in all respects as if originally commenced against
the landlord. If the landlord does not apply to be made defendant within
the day the tenant is allowed to answer, the landlord shall not be
allowed to, but shall be made defendant if the plaintiff requires it. If
the landlord is made defendant on motion of the plaintiff the landlord
shall be required to appear and answer within 10 days from notice of the
pendency of the action and the order making the landlord defendant, or
such further notice as the court or judge thereof may prescribe. The jury by their verdict shall find as follows:

(1) If the verdict is for the plaintiff, that the plaintiff is
entitled to the possession of all or a part of the property described in
the complaint, or that the plaintiff owns an undivided share or interest
in all or a part of the property; including the nature and duration of
the estate of the plaintiff in such property.

(2) If the verdict is for the defendant, that the plaintiff is not
entitled to the possession of the property described in the complaint, or
the part that the defendant defends, and the estate, license or right to
possession in such property established on the trial by the defendant, if
any, as the same is required to be pleaded. The
plaintiff shall only be entitled to recover damages for withholding the
property for the term of six years next preceding the commencement of the
action, and for any period that may elapse from the commencement to the
time of giving a verdict, excluding the value of the use of permanent
improvements made by the defendant. When permanent improvements have been
made upon the property by the defendant, or those under whom the
defendant claims, while holding under color of title in good faith and
adverse to the claim of the plaintiff, the value of the improvements at
the time of trial shall be allowed as a setoff against such damages. If
the right of the plaintiff to the possession of the property expires
after the commencement of the action and before the trial, the verdict
shall be given according to the fact and judgment shall be given only for
the damages. (1) The court or judge thereof may,
on motion, and after notice to the adverse party, or cause shown, grant
an order allowing the party applying therefor to enter upon the property
in controversy and make survey and admeasurement thereof for the purposes
of the action.

(2) The order shall describe the property. A copy of the order
shall be served upon the defendant, and thereupon the party may enter
upon the property, and make the survey and admeasurement. If any
unnecessary injury is done to the premises, the applying party is liable
therefor.An action for the recovery of the possession of real property
against a person in possession is not prejudiced by any alienation made
by such person, either before or after the commencement of the action. If
the alienation is made after the commencement of the action, and the
defendant does not satisfy the judgment recovered for damages for
withholding the possession, the damages may be recovered by action
against the purchaser. In an action by a tenant in
common of real property against a cotenant, the plaintiff shall show, in
addition to the evidence of right of possession, that the defendant
either denied the plaintiff’s right or did some act amounting to a
denial. [Amended by 1969 c.591 §281] (1) Except as provided in
subsection (2) of this section, the judgment in an action to recover the
possession of real property is conclusive as to the estate in the
property and the right to the possession thereof, so far as the same is
thereby determined, upon the party against whom the judgment is given,
and against all persons claiming from, through or under such party, after
the commencement of the action.

(2) When service of the summons is made by publication and judgment
is given for want of an answer, at any time within two years from the
entry thereof the defendant or the successor in interest of the defendant
as to the whole or any part of the property, shall, upon application to
the court or judge thereof, be entitled to an order vacating the judgment
and granting the defendant a new trial upon the payment of the costs of
the action.

(3) In an action against a tenant the judgment is conclusive
against a landlord, who has been made defendant in place of the tenant,
to the same extent as if the action had been originally commenced against
the landlord. If the
plaintiff has taken possession of the property before the judgment is set
aside and a new trial granted as provided in ORS 105.055 (2), the
possession is not thereby affected in any way. If judgment is given for
the defendant in the new trial, the defendant is entitled to restitution
by execution in the same manner as if the defendant were plaintiff. In an action at law for
the recovery of the possession of real property, if either party claims
the property as a donee of the United States under the Act of Congress
approved September 27, 1850, commonly called the Donation Law, or the
Acts amendatory thereto, such party from the date of settlement of the
party on the property, as provided in said Acts, is deemed to have a
legal estate in fee in the property. The estate shall continue upon the
condition that the party performs the conditions required by such Acts,
and is unconditional and indefeasible after the performance of such
condition. If both plaintiff and defendant claim title to the same real
property by virtue of settlement under such Acts, the settlement and the
performance of the subsequent conditions shall be conclusively presumed
in favor of the party having, or claiming under, the elder patent
certificate or patent, unless it appears upon the face of such
certificate or patent that it is absolutely void.In any action to recover the
possession of real property, as provided for in ORS 105.005, notice to
quit, when necessary, may be given as prescribed in ORS 91.050 to 91.110
and 105.120. Nothing in ORS 105.105 to 105.168 prevents such action from
being maintained for the recovery of the possession of real property
although the entry of the defendant is forcible or the holding is
unlawful and with force as defined in ORS 105.105.In all cases where property in this state is or has been claimed or
owned by residents of this state in common with others, and such
residents have obtained or shall obtain the possession of the property at
their own cost, expense or labor, they are entitled to reimbursement from
the remaining claimant in common of the property, according to their
proportionate interest therein. Residents so obtaining possession of such
property have a lien upon it until the remaining claimant has paid or
tendered such proportionate share of the reasonable costs, expenses or
labor aforesaid.FORCIBLE ENTRY AND WRONGFUL DETAINER No person shall
enter upon any land, tenement or other real property unless the right of
entry is given by law. When the right of entry is given by law the entry
shall be made in a peaceable manner and without force. When a
forcible entry is made upon any premises, or when an entry is made in a
peaceable manner and possession is held by force, the person entitled to
the premises may maintain in the county where the property is situated an
action to recover the possession of the premises in the circuit court or
before any justice of the peace of the county. [Amended by 1985 c.241 §1;
1995 c.658 §68] (1) As used in
this section, “state service member” means a member of the organized
militia who is called into active service of the state by the Governor
under ORS 399.065 (1) for 30 or more consecutive days.

(2) In an action pursuant to ORS 105.110, the court may stay the
eviction of the defendant for up to 90 days if:

(a) The defendant is a state service member;

(b) The agreed-upon rent does not exceed $1,200 per month; and

(c) The premises are occupied chiefly for dwelling purposes by the
spouse, children or other dependents of the defendant.

(3) If the defendant requests a stay of the eviction for up to 90
days and the defendant can prove that the ability of the defendant to pay
the agreed-upon rent is materially affected by being called into active
service, the court may grant the stay of the eviction. [2003 c.387 §7]Note: 105.111 was added to and made a part of 105.105 to 105.168 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation. (1) A
tenant or former tenant may bring an action to recover personal property
taken or retained by a landlord in violation of ORS chapter 90.

(2) An action under this section shall be governed by the
provisions of ORS 105.105 to 105.168 except that:

(a) The complaint shall be in substantially the following form and
shall be available from the court clerk:

___________________________________________________________________________
___

IN THE _________ COURT FOR

THE COUNTY OF ____________

(Tenant),                                       )

                  Plaintiff(s),           )

                                                     )

                  vs.                         )          
No.___

                                                     )

(Landlord),                                   )

                                                     )

                  Defendant(s).       )COMPLAINT FOR RETURN

OF PERSONAL PROPERTY

IDefendant(s) (is) (are) in possession of the following personal
property belonging to the plaintiff(s):

___________________________________________________________________________
___

___________________________________________________________________________
___

___________________________________________________________________________
___See attached list.II

Defendant(s) took the personal property alleged in paragraph I from
premises rented by plaintiff(s) from defendant(s) at:______________ (street and number)______________ (city)______________ (county)III

Plaintiff(s) (is) (are) entitled to possession of the personal
property because:

______Defendant(s) took the personal property wrongfully because
plaintiff(s) had not abandoned the property, and because either there was
no court order awarding defendant(s) possession of the premises or the
plaintiff(s) (was) (were) not continuously absent from the premises for
seven days after such an order when defendant(s) removed the personal
property.

______Defendant(s) lawfully took possession of the personal
property after enforcement of a court order for possession of the
premises pursuant to ORS 105.165, but refused to return the personal
property to plaintiff(s) without payment although plaintiff(s) demanded
return of the property within the time provided by ORS 90.425 or 90.675.

______Defendant(s) lawfully took possession of the personal
property pursuant to ORS 105.161, but refused to return the personal
property to plaintiff(s) although plaintiff(s) offered payment of all
sums due for storage and any costs of removal of the personal property
and demanded return of the property within the time provided by ORS
90.425 or 90.675.______Other: _________________________________________________________________________________________
___

___________________________________________________________________________
___

Wherefore, plaintiff(s) pray(s) for possession of the personal
property and costs and disbursements incurred herein.

________ ______________

Date          Signature of Plaintiff(s)

___________________________________________________________________________
___ (b) The complaint shall be signed by the plaintiff or an attorney
representing the plaintiff as provided by ORCP 17 or verified by an agent
or employee of the plaintiff or an agent or employee of an agent of the
plaintiff.

(c) The answer shall be in substantially the following form and
shall be available from the court clerk:

___________________________________________________________________________
___

IN THE _________ COURT FOR

THE COUNTY OF ____________

(Tenant),                                       )

                                                     )

                  Plaintiff(s),           )

                                                     )

                  vs.                         )          
No.___

                                                     )

(Landlord),                                   )

                                                     )

                  Defendant(s).       )

ANSWER

I (we) deny that the plaintiff(s) is (are) entitled to possession
of the personal property subject of the complaint because:

______The defendant(s) did not take and do not have possession of
any of the property listed in the complaint.

______The defendant(s) took possession of the personal property as
provided in ORS 90.425 or 90.675 after giving written notice that it was
considered abandoned, and the plaintiff(s) did not make a timely demand
for return of the property.

______The defendant(s) took possession of the personal property as
provided in ORS 90.425 or 90.675 after giving written notice that it was
considered abandoned, but not after a sheriff’s enforcement of an
eviction judgment against the plaintiff(s) as provided in ORS 105.165,
and the plaintiff(s) refused to pay charges lawfully due for storage.______Other: _________________________________________________________________________________________
___

___________________________________________________________________________
___

I (we) ask that the plaintiff(s) take nothing by the complaint and
that I (we) be awarded my (our) costs and disbursements.

________ ______________

Date          Signature of defendant(s)

___________________________________________________________________________
___ (d) The issue at trial shall be limited to whether the plaintiff is
entitled to possession of the personal property listed in the complaint.

(e) No claim for damages shall be asserted by either party in the
action for possession of the personal property under this section, but
each party may pursue any claim for damages in a separate action.

(f) A party may join an action for possession of personal property
with an action for damages or a claim for other relief, but the
proceeding is not governed by the provisions of ORS 105.105 to 105.168.

(g) If the court determines that the plaintiff is entitled to
possession of the personal property that is the subject of the complaint,
the court shall enter an order directing the sheriff to seize the
personal property to which the court finds the plaintiff entitled, and to
deliver that property to the plaintiff. The court may provide that the
defendant have a period of time to deliver the property to the plaintiff
voluntarily before execution. The costs of execution may be recovered in
the manner provided in ORS 18.999.

(h) Subject to the provisions of ORCP 68, a prevailing party who
has been represented by counsel may recover attorney fees as provided by
ORS 90.255. [1989 c.506 §22; 1991 c.67 §21; 1997 c.577 §30; 2001 c.596
§46] Notwithstanding ORCP 7 C, for premises to
which ORS chapter 90 or ORS 91.120 applies, the summons must be in
substantially the following form and be available from the court clerk:

___________________________________________________________________________
___

IN THE CIRCUIT COURT

FOR THE COUNTY OF

_________

No. _____SUMMONS

RESIDENTIAL EVICTION

PLAINTIFF (Landlord or agent):______________________________________________________vs.DEFENDANT (Tenants/Occupants):______________________________________________________TO: _______________(Street address and city of property occupied by
defendant)

_______________ (Mailing address if different)

NOTICE TO TENANTS:

READ THESE PAPERS CAREFULLY

YOUR LANDLORD WANTS TO

EVICT YOUON_________, 2_____ AT _____ A.M./P.M., you must come to the County Court
House located at_________. You do not have to pay any fees to the court
for this first hearing.•If you do not appear in court and your landlord does, your
landlord will win automatically and can have the Sheriff physically
remove you.•If you do show up in court and your landlord does not, this
eviction action will be dropped.•If both of you show up:•The judge may ask you to try to reach an agreement with your landlord,
but this is voluntary. Trained mediators may be available free of charge
to help resolve disputes.•The court will schedule a trial if you and your landlord do not reach an
agreement or if you do not agree to move out.IF YOU WANT A TRIAL, YOU MUST:•Show up in court at the time scheduled above;•On the same day, file an Answer with the Court giving a legal reason why
you should not be evicted (the Court can give you a form);•Give a copy of the Answer to your landlord (or your landlord’s
agent or attorney); and•Pay a filing fee of $_____ (the judge may allow payment to be deferred
in certain circumstances).IF YOU HAVE QUESTIONS, YOU SHOULD SEE AN ATTORNEY IMMEDIATELY. If you
need help finding an attorney, you can call the Oregon State Bar’s Lawyer
Referral Service at 503-684-3763 or toll-free in Oregon at 800-452-7636.___________________________

Signature of Plaintiff (landlord or agent)Plaintiff’s address:__________________________________________Plaintiff’s telephone number: _________I certify that this is a true copy of the original summons:_____________________

Signature of Plaintiff (landlord or agent)___________________________________________________________________________
___ [2001 c.596 §8](1) Except as provided by subsections (2) and (3) of this
section, the following are causes of unlawful holding by force within the
meaning of ORS 105.110, 105.123 and 105.126:

(a) When the tenant or person in possession of any premises fails
or refuses to pay rent within 10 days after it is due under the lease or
agreement under which the tenant or person in possession holds, or to
deliver possession of the premises after being in default on payment of
rent for 10 days.

(b) When the lease by its terms has expired and has not been
renewed, or when the tenant or person in possession is holding from month
to month, or year to year, and remains in possession after notice to quit
as provided in ORS 105.120, or is holding contrary to any condition or
covenant of the lease or is holding possession without any written lease
or agreement.

(2) In the case of a dwelling unit to which ORS chapter 90 applies:

(a) The following are causes of unlawful holding by force within
the meaning of ORS 105.110 and 105.123:

(A) When the tenant or person in possession of any premises fails
or refuses to pay rent within 72 hours or 144 hours, as the case may be,
of the notice required by ORS 90.394.

(B) When a rental agreement by its terms has expired and has not
been renewed, or when the tenant or person in possession remains in
possession after a valid notice terminating the tenancy pursuant to ORS
chapter 90, or is holding contrary to any valid condition or covenant of
the rental agreement or ORS chapter 90.

(b) A landlord may not file an action for the return of possession
of a dwelling unit based upon a cause of unlawful holding by force as
described in paragraph (a) of this subsection until after the expiration
of a rental agreement for a fixed term tenancy or after the expiration of
the time period provided in a notice terminating the tenancy.

(3) In an action under subsection (2) of this section, ORS chapter
90 shall be applied to determine the rights of the parties, including:

(a) Whether and in what amount rent is due;

(b) Whether a tenancy or rental agreement has been validly
terminated; and

(c) Whether the tenant is entitled to remedies for retaliatory
conduct by the landlord as provided by ORS 90.385 and 90.765. [Amended by
1973 c.559 §34; 1977 c.365 §1; 1981 c.753 §5; 1995 c.559 §45; 2001 c.596
§47; 2003 c.378 §19; 2005 c.391 §28](1) Except as
provided in subsection (2) of this section, an action for the recovery of
the possession of the premises may be maintained in cases provided in ORS
105.115 (1)(b), when the notice to terminate the tenancy or to quit has
been served upon the tenant or person in possession in the manner
prescribed by ORS 91.110 and for the period prescribed by ORS 91.060 to
91.080 before the commencement of the action, unless the leasing or
occupation is for the purpose of farming or agriculture, in which case
the notice must be served for a period of 90 days before the commencement
of the action. Any person entering into the possession of real estate
under written lease as the tenant of another may, by the terms of the
lease, waive the giving of any notice required by this subsection.

(2) An action for the recovery of the possession of a dwelling unit
to which ORS chapter 90 applies may be maintained in situations described
in ORS 105.115 (2) when the notice to terminate the tenancy or to quit
has been served by the tenant upon the landlord or by the landlord upon
the tenant or person in possession in the manner prescribed by ORS 90.155.

(3) Except when a tenancy involves a dwelling unit subject to ORS
chapter 90, the service of a notice to quit upon a tenant or person in
possession does not authorize an action to be maintained against the
tenant or person in possession for the possession of premises before the
expiration of any period for which the tenant or person has paid the rent
of the premises in advance.

(4) An action to recover possession of a dwelling unit subject to
ORS chapter 90 may not be brought or filed against a tenant or person in
possession based upon a notice under ORS 90.427 to terminate the tenancy
until after the expiration of any period for which the tenant or person
has paid the rent of the dwelling unit in advance, unless:

(a) The only other money paid by the tenant was collected as a last
month’s rent deposit as provided under ORS 90.300; or

(b) The only unused rent was paid by the tenant for a rental period
extending beyond the termination date specified in a valid outstanding
notice to terminate the tenancy and the landlord refunded the unused rent
within six days after receipt by delivering the unused rent to the tenant
in person or by first class mailing. [Amended by 1973 c.559 §35; 1981
c.753 §6; 1983 c.303 §5; 1985 c.588 §13; 1989 c.506 §18; 1993 c.369 §15;
1995 c.559 §52; 1997 c.577 §31; 1999 c.603 §35; 1999 c.676 §26](1) In an action pursuant to ORS 105.110, it is
sufficient to state in the complaint:

(a) A description of the premises with convenient certainty;

(b) That the defendant is in possession of the premises;

(c) That, in the case of a dwelling unit to which ORS chapter 90
does not apply, the defendant entered upon the premises with force or
unlawfully holds the premises with force; and

(d) That the plaintiff is entitled to the possession of the
premises.

(2) The plaintiff may include, at the plaintiff’s option, the
defendant’s Social Security number in the complaint for the purpose of
accuracy in tenant screening information. This subsection does not
require a tenant to have a Social Security number in order to enter into
a rental agreement. [2001 c.596 §4 (105.123, 105.124 and 105.126 enacted
in lieu of 105.125)] For a
complaint described in ORS 105.123, if ORS chapter 90 applies to the
dwelling unit:

(1) The complaint must be in substantially the following form and
be available from the clerk of the court:

___________________________________________________________________________
___

IN THE CIRCUIT COURT

FOR THE COUNTY OF

_________

No. _____

RESIDENTIAL EVICTION COMPLAINTPLAINTIFF (Landlord or agent):____________________________________Address: ______________City: ______________

State:_________   Zip: ______Telephone: _________vs.DEFENDANT (Tenants/Occupants):____________________________________MAILING ADDRESS: ___________City: ______________State:_________   Zip: ______Telephone: _________

Defendant’s Social Security number ___________ (Optional
information for purposes of identification.)1.

Tenants are in possession of the dwelling unit, premises or rental
property described above or located at:_____________________2.

Landlord is entitled to possession of the property because of:

___     24-hour notice for personal

                  injury, substantial damage, extremely

                  outrageous act or unlawful occupant.

                  ORS 90.396 or 90.403.

___     24-hour or 48-hour notice for

                  violation of a drug or alcohol

                  program. ORS 90.398.

___     72-hour or 144-hour notice for

                  nonpayment of rent. ORS 90.394.

___     7-day notice with stated cause in

                  a week-to-week tenancy. ORS 90.392 (6).

___     10-day notice for a pet violation,

                  a repeat violation in a month-to-month

                  tenancy or without stated cause in a

                  week-to-week tenancy. ORS 90.392 (5),

                 90.405 or 90.427 (1).

___     20-day notice for a repeat violation.

                  ORS 90.630 (4).

___     30-day or 180-day notice without

                  stated cause in a month-to-month

                  tenancy. ORS 90.427 (2) or 90.429.

___     30-day notice with stated cause.

                  ORS 90.392, 90.630 or 90.632.

___      Other notice _________

___      No notice (explain) _________

A COPY OF THE NOTICE RELIED UPON, IF ANY, IS ATTACHED3.

If the landlord uses an attorney, the case goes to trial and the
landlord wins in court, the landlord can collect attorney fees from the
defendant pursuant to ORS 90.255 and 105.137 (3).

Landlord requests judgment for possession of the premises, court
costs, disbursements and attorney fees.

I certify that the allegations and factual assertions in this
complaint are true to the best of my knowledge.__________________

Signature of landlord or agent.

___________________________________________________________________________
___

(2) The complaint must be signed by the plaintiff or an attorney
representing the plaintiff as provided by ORCP 17, or verified by an
agent or employee of the plaintiff or an agent or employee of an agent of
the plaintiff.

(3) A copy of the notice relied upon, if any, must be attached to
the complaint. [2001 c.596 §5 (105.123, 105.124 and 105.126 enacted in
lieu of 105.125); 2005 c.22 §80; 2005 c.391 §29]Note: Section 38 (1), chapter 391, Oregon Laws 2005, provides:

Sec. 38. (1) Notwithstanding the amendments to ORS 105.124 by
section 29 of this 2005 Act, prior to January 1, 2007, a clerk of the
court may use either the complaint form set forth in ORS 105.124 as
published in the 2003 Edition of Oregon Revised Statutes or the form set
forth in ORS 105.124 as amended and in effect on the effective date of
this 2005 Act [January 1, 2006]. [2005 c.391 §38(1)] For a
complaint described in ORS 105.123, if ORS chapter 90 does not apply to
the premises:

(1) The complaint must be in substantially the following form and
be available from the clerk of the court:

___________________________________________________________________________
___

IN THE CIRCUIT COURT

FOR THE COUNTY OF

_________

EVICTION COMPLAINT

(Tenancy not covered by ORS chapter 90)No. _____(Landlord),

Plaintiff(s)vs.(Tenant),

Defendant(s)

1.

Defendant is in possession of the following premises:____________________________________(city)2.

Defendant entered upon the premises with force or is unlawfully
holding the premises with force.3.

Plaintiff is entitled to possession of the premises, because:

_____ 30-day notice (month-to-month

                  tenancy)

_____ 30-day notice (cause)

_____  Other notice (explain) ________

_____  No notice (explain) _________

A COPY OF ANY NOTICE RELIED UPON IS ATTACHEDWherefore, plaintiff prays for possession of the premises, costs
and disbursements and attorney fees, if applicable.



__________________

Plaintiff

___________________________________________________________________________
___

(2) A copy of the notice relied upon, if any, must be attached to
the complaint. [2001 c.596 §6 (105.123, 105.124 and 105.126 enacted in
lieu of 105.125); 2003 c.378 §20] (1) Except as
provided in this section and ORS 105.135, 105.137 and 105.140 to 105.161,
an action pursuant to ORS 105.110 shall be conducted in all respects as
other actions in courts of this state.

(2) Upon filing a complaint in the case of a dwelling unit to which
ORS chapter 90 applies, the clerk shall:

(a) Collect a filing fee of $12;

(b) Collect any other fee authorized by law or ordinance; and

(c) With the assistance of the plaintiff or an agent of the
plaintiff, complete the applicable summons and provide to the plaintiff
or an agent of the plaintiff sufficient copies of the summons and
complaint for service.

(3) After a complaint is filed under subsection (2) of this
section, if the defendant demands a trial, the plaintiff shall pay an
additional filing fee of $26 and the defendant shall pay a filing fee of
$33.

(4) An action pursuant to ORS 105.110 shall be brought in the name
of a person entitled to possession as plaintiff. The plaintiff may appear
in person or through an attorney. In an action to which ORS chapter 90
applies, the plaintiff may also appear through a nonattorney who is an
agent or employee of the plaintiff or an agent or employee of an agent of
the plaintiff.

(5) Notwithstanding ORS 9.160, 9.320 and ORS chapter 180, a state
agency may appear in an action brought pursuant to ORS 105.110 through an
officer or employee of the agency if:

(a) The Attorney General consents to the representation of the
agency by an officer or employee in the particular action or in the class
of actions that includes the particular action; and

(b) The agency, by rule, authorizes an officer or employee to
appear on its behalf in the particular type of action being conducted.

(6) In addition to the fees charged under subsection (2) of this
section, the clerk shall collect a surcharge from the plaintiff at the
time a complaint is filed that is subject to the filing fees established
by subsection (2) of this section and from a defendant at the time a
defendant demands a trial in the action. The surcharge shall be deposited
by the State Court Administrator into the State Treasury to the credit of
the Housing and Community Services Department Low Income Rental Housing
Fund established by ORS 458.350. The amount of the surcharge shall be $10.

(7) Fees and surcharges provided for in this section may not be
refunded.

(8)(a) In addition to the fees provided for in subsection (2) of
this section, for the period commencing on August 3, 2005, and ending
December 31, 2006, upon filing a complaint in the case of a dwelling unit
to which ORS chapter 90 applies, the clerk of a circuit court shall
collect a surcharge of $4.

(b) In addition to the fees provided for in subsection (3) of this
section, for the period commencing on August 3, 2005, and ending December
31, 2006, if the defendant demands a trial after a complaint is filed in
circuit court under subsection (2) of this section, the plaintiff shall
pay a surcharge of $8 and the defendant shall pay a surcharge of $8.
[Amended by 1975 c.256 §10; 1977 c.877 §15; 1979 c.284 §94; 1981 c.753
§10; 1983 c.581 §1; 1985 c.588 §16; 1987 c.829 §5; 1991 c.92 §1; 1993
c.369 §17; 1995 c.273 §17; 1997 c.801 §34; 2003 c.737 §§47,48; 2005 c.702
§§53,54]Note: The amendments to 105.130 by section 55, chapter 702, Oregon
Laws 2005, become operative January 1, 2007. See section 56, chapter 702,
Oregon Laws 2005. The text that is operative on and after January 1,
2007, is set forth for the user’s convenience.

105.130. (1) Except as provided in this section and ORS 105.135,
105.137 and 105.140 to 105.161, an action pursuant to ORS 105.110 shall
be conducted in all respects as other actions in courts of this state.

(2) Upon filing a complaint in the case of a dwelling unit to which
ORS chapter 90 applies, the clerk shall:

(a) Collect a filing fee of $13;

(b) Collect any other fee authorized by law or ordinance; and

(c) With the assistance of the plaintiff or an agent of the
plaintiff, complete the applicable summons and provide to the plaintiff
or an agent of the plaintiff sufficient copies of the summons and
complaint for service.

(3) After a complaint is filed under subsection (2) of this
section, if the defendant demands a trial, the plaintiff shall pay an
additional filing fee of $29 and the defendant shall pay a filing fee of
$33.

(4) An action pursuant to ORS 105.110 shall be brought in the name
of a person entitled to possession as plaintiff. The plaintiff may appear
in person or through an attorney. In an action to which ORS chapter 90
applies, the plaintiff may also appear through a nonattorney who is an
agent or employee of the plaintiff or an agent or employee of an agent of
the plaintiff.

(5) Notwithstanding ORS 9.160, 9.320 and ORS chapter 180, a state
agency may appear in an action brought pursuant to ORS 105.110 through an
officer or employee of the agency if:

(a) The Attorney General consents to the representation of the
agency by an officer or employee in the particular action or in the class
of actions that includes the particular action; and

(b) The agency, by rule, authorizes an officer or employee to
appear on its behalf in the particular type of action being conducted.

(6) In addition to the fees charged under subsection (2) of this
section, the clerk shall collect a surcharge from the plaintiff at the
time a complaint is filed that is subject to the filing fees established
by subsection (2) of this section and from a defendant at the time a
defendant demands a trial in the action. The surcharge shall be deposited
by the State Court Administrator into the State Treasury to the credit of
the Housing and Community Services Department Low Income Rental Housing
Fund established by ORS 458.350. The amount of the surcharge shall be $10.

(7) Fees and surcharges provided for in this section may not be
refunded. No person named as a defendant
in an action brought under ORS 105.105 to 105.168 may assert a
counterclaim unless the right to do so is otherwise provided by statute.
[1985 c.244 §2] (1)
Except as provided in this section, the summons shall be served and
returned as in other actions.

(2) At the time the clerk collects the filing fee under ORS
105.130, the clerk shall enter the first appearance date on the summons.
That date shall be seven days after the judicial day next following
payment of filing fees unless no judge is available for first appearance
at that time, in which case the clerk may extend the first appearance
date for up to seven additional days. At the request of the plaintiff,
the clerk may enter a date more than seven days after the judicial day
next following payment of filing fees if a judge will be available.

(3) Notwithstanding ORCP 10, by the end of the judicial day next
following the payment of filing fees:

(a) The clerk shall mail a true copy of the summons and complaint
by first class mail to the defendant at the premises.

(b) The process server shall serve the defendant with a true copy
of the summons and complaint at the premises by personal delivery to the
defendant or, if the defendant is not available for service, by attaching
a true copy of the summons and complaint in a secure manner to the main
entrance to that portion of the premises of which the defendant has
possession.

(4) The process server shall indicate the manner in which service
was accomplished by promptly filing with the clerk a certificate of
service as provided by ORCP 7 F(2)(a).

(5) In the case of premises to which ORS chapter 90 applies, the
summons shall inform the defendant of the procedures, rights and
responsibilities of the parties as specified in ORS 105.137. [Amended by
1975 c.256 §11; 1977 c.327 §1; 1979 c.854 §2; 1981 c.753 §11; 1983 c.303
§6; 1983 c.581 §3; 1985 c.588 §14; 1995 c.559 §48; 1997 c.577 §33]In the case of a
dwelling unit to which ORS chapter 90 applies:

(1) If the plaintiff appears and the defendant fails to appear at
the first appearance, a default judgment shall be entered in favor of the
plaintiff for possession of the premises and costs and disbursements.

(2) If the defendant appears and the plaintiff fails to appear at
the first appearance, a default judgment shall be entered in favor of the
defendant dismissing the plaintiff’s complaint and awarding costs and
disbursements.

(3) An attorney at law shall be entitled to appear on behalf of any
party, but no attorney fees may be awarded if the defendant does not
contest the action.

(4) The plaintiff or an agent of the plaintiff may obtain a
continuance of the action for as long as the plaintiff or the agent of
the plaintiff deems necessary to obtain the services of an attorney at
law.

(5) If both parties appear in court on the date contained in the
summons, the court shall set the matter for trial as soon as practicable,
unless the court is advised by the parties that the matter has been
settled. The trial shall be scheduled no later than 15 days from the date
of such appearance. If the matter is not tried within the 15-day period,
and the delay in trial is not attributable to the landlord, the court
shall order the defendant to pay rent that is accruing into court,
provided the court finds after hearing that entry of such an order is
just and equitable.

(6)(a) The court shall permit an unrepresented defendant to proceed
to trial by directing the defendant to file an answer in writing on a
form which shall be available from the court clerk, and to serve a copy
upon the plaintiff on the same day as first appearance.

(b) The answer shall be in substantially the following form:

___________________________________________________________________________
___

IN THE _________ COURT FOR

THE COUNTY OF ____________

(Landlord),                                   )

                                                     )

                  Plaintiff(s),           )

                                                     )

                  vs.                         )          
No.___

                                                     )

(Tenant),                                       )

                                                     )

                  Defendant(s).       )ANSWERI (we) deny that the plaintiff(s) is (are) entitled to possession
because:

__  The landlord did not make repairs.

List any repair problems: ________

________________________

________________________

The landlord is attempting to evict me (us) because of my (our)
complaints (or the eviction is otherwise retaliatory).

__  The eviction notice is wrong.

__  List any other defenses: _________

________________________

________________________

________________________

________________________

I (we) may be entitled as the prevailing party to recover attorney
fees from plaintiff(s) if I (we) obtain legal services to defend this
action pursuant to ORS 90.255.

I (we) ask that the plaintiff(s) not be awarded possession of the
premises and that I (we) be awarded my (our) costs and disbursements and
attorney fees, if applicable, or a prevailing party fee.

________ ______________

Date          Signature of defendant(s)___________________________________________________________________________
___

(7) If an unrepresented defendant files an answer as provided in
subsection (6) of this section, the answer may not limit the defenses
available to the defendant at trial under ORS chapter 90. If such a
defendant seeks to assert at trial a defense not fairly raised by the
answer, the plaintiff shall be entitled to a reasonable continuance for
the purposes of preparing to meet the defense. [1975 c.256 §13; 1979
c.765 §5; 1979 c.854 §3; 1981 c.753 §12; 1989 c.506 §19; 1997 c.577 §34;
2005 c.391 §33] (1) Notwithstanding ORS
105.137 (5), if a party to an action to which ORS 90.505 to 90.840 apply
moves for an order compelling arbitration and abating the proceedings,
the court shall summarily determine whether the controversy between the
parties is subject to an arbitration agreement enforceable under ORS
90.610 (2) and, if so, shall issue an order compelling the parties to
submit to arbitration in accordance with the agreement and abating the
action for not more than 30 days, unless the parties agree to an order of
abatement for a longer period acceptable to the court.

(2) If the court issues an order compelling arbitration under
subsection (1) of this section, the court may not order the payment of
rent into court pending the arbitration unless the court finds such an
order is necessary to protect the rights of the parties. [1989 c.918 §7;
1991 c.844 §20; 1995 c.559 §46; 2001 c.596 §49a] If a landlord brings an
action for possession under ORS 90.403 and the person in possession
contends that the tenant has not vacated the premises, the burden of
proof is on the defendant as to that issue. [1983 c.303 §3; 1993 c.369
§34; 2003 c.378 §21; 2005 c.22 §81; 2005 c.391 §30] No continuance shall be granted to a defendant
for a longer period than two days unless:

(1) The defendant gives an undertaking to the adverse party with
good and sufficient security, to be approved by the court, conditioned
for the payment of the rent that may accrue if judgment is rendered
against the defendant; or

(2) In an action for the recovery of the possession of a dwelling
unit to which ORS chapter 90 applies, the court orders a defendant to pay
rent into court as it becomes due from the commencement of the action
until entry of a general judgment in the action. If a defendant fails to
pay rent into court as ordered under this subsection, the action shall be
tried forthwith. [Amended by 1973 c.559 §36; 1977 c.365 §2; 1979 c.854
§4; 2003 c.576 §237](1) If an action is tried by the court without a jury, and
after hearing the evidence the court concludes that the complaint is not
true, the court shall enter judgment against the plaintiff for costs and
disbursements. If the court finds the complaint true or if judgment is
rendered by default, the court shall render a general judgment against
the defendant and in favor of the plaintiff, for restitution of the
premises and the costs and disbursements of the action. If the court
finds the complaint true in part, the court shall render judgment for the
restitution of such part only, and the costs and disbursements shall be
taxed as the court deems just and equitable.

(2) If, as a result of a court-sponsored or other mediation or
otherwise, the plaintiff and defendant agree, in the manner provided by
ORCP 67 F for judgment by stipulation, that the defendant shall perform
in a certain manner or that the plaintiff shall be paid moneys agreed to
be owing by the defendant and that as a result of that performance or
payment the defendant shall retain possession of the premises, including
retention of possession contingent upon that performance or payment of
moneys by the defendant by a certain date, the court shall enter an order
or judgment to that effect. In addition, if the plaintiff and defendant
agree that the plaintiff shall perform in a certain manner or pay moneys
to the defendant by a certain date, the court shall enter an order or
judgment to that effect.

(3) If, as provided by subsection (2) of this section, the parties
enter an order or judgment by stipulation that requires the defendant to
perform in a certain manner or make a payment by a certain date and the
defendant later demonstrates compliance with the stipulation, the court
shall enter a judgment of dismissal in favor of the defendant. [Amended
by 1997 c.577 §35; 1999 c.603 §36; 2003 c.378 §22](1) In an action to recover possession of the premises, if
the court has entered an order by stipulation that provides for the
defendant to retain possession of the premises contingent upon the
defendant’s performance or payment of moneys by a certain date as
provided under ORS 105.145 (2), and the defendant fails to comply with
the order, the plaintiff may obtain and enforce a judgment of restitution
of the premises pursuant to this section and ORS 105.148 and 105.149.

(2) A plaintiff may obtain and enforce a judgment of restitution
based upon an order entered as provided under ORS 105.145 (2), provided
the order includes only:

(a) Future performance or conduct as described in the order for a
period of not more than six months following entry of the order;

(b) Payment of past due rent and other past due amounts pursuant to
a schedule provided in the order for a period of not more than six months
following entry of the order;

(c) Payment of rent due for future rental periods that follow entry
of the order pursuant to a schedule provided in the order for not more
than the first three monthly rental periods following entry of the order;
and

(d) Payment of any costs, disbursements or attorney fees pursuant
to a schedule provided in the order.

(3) The order shall contain a statement providing that 12 months
following the entry of the order, the court shall automatically dismiss
the order without further notice to either the plaintiff or the defendant.

(4) If the defendant fails to comply with the order, the plaintiff
may file with the clerk of the court an affidavit of noncompliance
describing how the defendant has failed to comply. The plaintiff shall
attach a copy of the order to the affidavit. The affidavit or the order
must include the terms of the underlying settlement agreement or
stipulation or have a copy of the agreement attached.

(5) Upon receipt of a plaintiff’s affidavit:

(a) The court shall enter a judgment of restitution; and

(b) The clerk shall issue a notice of restitution as provided by
ORS 105.151 and attach to the notice a copy of the plaintiff’s affidavit
of noncompliance and any attachments for service.

(6) The court shall establish a procedure that allows the defendant
to request a hearing on the plaintiff’s affidavit of noncompliance and
delay expiration of the notice of restitution period or execution upon a
judgment of restitution pending the hearing.

(7) The court shall enter a judgment dismissing the plaintiff’s
action in favor of the defendant without assessment of costs,
disbursements, prevailing party fee or attorney fees against either party
except as provided in the order and without further notice to either
party:

(a) Upon receipt of a writing signed by the plaintiff showing
compliance with or satisfaction of the order; or

(b) Twelve months following entry of the order, unless the
plaintiff has filed an affidavit of noncompliance and the court has found
in favor of the plaintiff on the affidavit. [2001 c.596 §10 (105.146,
105.148 and 105.149 enacted in lieu of 105.147); 2003 c.378 §23]Note: 105.146 to 105.149 were added to and made a part of 105.105
to 105.168 by legislative action but were not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.(1)(a) To contest a plaintiff’s affidavit of noncompliance
under ORS 105.146 and delay expiration of the notice of restitution
period or execution upon the judgment of restitution, a defendant shall
file a request for hearing with the clerk of the court. The request must
be filed prior to issuance by the clerk of a writ of execution of
judgment of restitution and must include a statement by the defendant
describing how the defendant complied with the order or describing why
the defendant should not be required to comply.

(b) A court may, as part of the procedure authorized by ORS 105.146
(6), require that a defendant submit a hearing request to the court for
ex parte review prior to the defendant’s filing the request with the
clerk. If the court provides for ex parte review, the ex parte review
must be available every judicial day for appearance by the defendant
before the court within the time period between service of the notice of
restitution and the date of expiration of the notice of restitution. The
notice of restitution must include or have attached to it a description
of the requirements for appearing before the court for ex parte review
and a copy of the hearing request form. The court may not require that
the defendant notify the plaintiff of the defendant’s intention to appear
before the court. If, after hearing the defendant at the ex parte review,
the court finds that the reasons given by the defendant for opposing the
plaintiff’s affidavit of noncompliance do not relate to the issues listed
in ORS 105.149 (2), the court shall deny the request for a hearing.

(2) The clerk shall make available a document providing for a
request for hearing by a defendant. The document must be in substantially
the following form:

___________________________________________________________________________
___

IN THE CIRCUIT COURT

FOR THE COUNTY OF

_________Defendant’s Request for Hearing to

Contest an Affidavit of Noncompliance

Case No. _____

Landlord or agent (Plaintiff):__________________vs.Tenant/Occupant (Defendant):__________________Address of Property:____________________________________

1. My landlord has filed a statement with the court saying that I
have not complied with a court-approved agreement and that as a result my
landlord is entitled to possession of the property.

2. I deny the landlord is entitled to possession of the property
because (The reason must be one of the following. You must check one or
more of these responses and you must explain in section 3.):

_____a. The landlord is wrong. As explained below, I did comply
with the agreement.

_____b. Before I could comply with the agreement, the landlord was
supposed to do what is explained below, which the landlord did not do.

_____c. The landlord and I changed the agreement and I complied
with the agreement as changed. The change we agreed to is explained below.

_____d. The landlord prevented me from keeping the agreement. The
way the landlord did that is explained below.

_____e. The agreement was not made in good faith as required by ORS
90.130. The lack of good faith is explained below.

_____f. The portion of the agreement described below was
unconscionable as described in ORS 90.135.

_____g. The landlord is required by law or contract to have good
cause to force me to move out and my alleged conduct or performance does
not meet the standard of good cause, as explained below.

_____h. The landlord is claiming I did not pay rent for a period of
time following the date of the agreement. I did not pay that rent because
I have claims for money against the landlord to offset the rent. Those
claims arise from the landlord’s violation of the Residential Landlord
and Tenant Act or the rental agreement since the date of the court order
and are explained below.3. Here is my explanation for the reason or reasons checked above:_________________________________________________________________________________

4. I understand that if I lose in court, I may be responsible for
the landlord’s costs, disbursements, any attorney fees and a prevailing
party fee.

I swear the above statements are true._______________

(Signature of tenant)Subscribed and sworn to before me this _____ day of_________, 2_____.Trial court administrator / clerk / notary___________________________

___________________________________________________________________________
___ [2001 c.596 §11 (105.146, 105.148 and 105.149 enacted in lieu of
105.147); 2003 c.378 §24; 2005 c.391 §35]Note: See note under 105.146. (1) Upon receipt of a
timely filed request for hearing described in ORS 105.148, the clerk of
the court:

(a) Shall schedule a hearing on the defendant’s request as soon as
practicable;

(b) Shall notify both parties of the hearing date;

(c) Shall mail or send by facsimile a copy of the defendant’s
request to the plaintiff; and

(d) May not issue a writ of execution of judgment of restitution
pending the hearing.

(2)(a) At the hearing, except as provided in paragraph (b) of this
subsection, the court may consider only the following issues:

(A) Whether the defendant complied with the order.

(B) Whether the plaintiff complied with any requirement of the
order that is a predicate to compliance by the defendant.

(C) Whether the parties agreed to modify the order and complied
with the modified order.

(D) Whether one party unfairly prevented compliance by the other
party.

(b) If ORS chapter 90 applies to a dwelling unit, in addition to
the issues described in paragraph (a) of this subsection, the court may
consider the following issues:

(A) Whether the stipulated agreement was entered into in good faith
as required by ORS 90.130 or is unconscionable as described in ORS 90.135.

(B) Whether, for a defendant whose noncompliance concerns
performance or conduct, the noncompliance constitutes good cause for
purposes of an applicable law or contract that requires the plaintiff to
have good cause for terminating the tenancy.

(C) Whether, for a defendant whose noncompliance concerns a failure
to pay rent due for future rental periods pursuant to ORS 105.146 (2)(c),
the defendant has claims against the plaintiff for moneys that offset the
rent. The defendant’s claims must be pursuant to ORS chapter 90 or the
rental agreement and must have arisen after the entry of the order.

(c) The defendant may not raise defenses or claims involving issues
other than issues described in paragraphs (a) and (b) of this subsection.

(3) If the court finds in favor of the plaintiff after the hearing,
the clerk may issue a writ of execution of judgment of restitution. If
the defendant did not appear at the hearing, the clerk may issue the writ
immediately. If the defendant did appear, the clerk may issue the writ no
earlier than 24 hours after the court’s ruling. Further notice to the
defendant is not required.

(4) If the court finds in favor of the defendant after the hearing,
the court shall set aside the judgment. The court may reinstate the
order, terminate the order and enter a judgment dismissing the
plaintiff’s action in favor of the defendant, enter a new order or
schedule a trial on the plaintiff’s action as soon as practicable. [2001
c.596 §12 (105.146, 105.148 and 105.149 enacted in lieu of 105.147); 2003
c.378 §25; 2005 c.391 §36]Note: See note under 105.146.(1) If the court renders judgment for restitution of the
premises to the plaintiff, the plaintiff may only enforce that judgment
in the following manner:

(a) Issuance by the clerk of the court and service upon the
defendant of a notice of restitution that shall give the defendant four
days to move out of the premises, including removal of all personal
property; and

(b) After the expiration of the four-day period provided in the
notice of restitution, issuance by the clerk of the court and service by
the sheriff upon the defendant of a writ of execution of judgment of
restitution, directing the sheriff to enforce the judgment by removing
the defendant and by returning possession of the premises to the
plaintiff, along with an eviction trespass notice from the sheriff.

(2) Following entry of judgment for restitution of the premises in
favor of a plaintiff, or any date for possession as specified in the
judgment, whichever is later, the plaintiff may request that the clerk of
the court in which the judgment is entered issue a notice of restitution.
The notice of restitution shall order the defendant to move out of the
premises, including removing all personal property, in no less than four
days. The plaintiff may direct the clerk to extend the notice period
beyond four days. Following payment of any required fees, the clerk shall
issue the notice.

(3) This section does not prevent a landlord in a tenancy to which
ORS chapter 90 does not apply from exercising a right of entry provided
by law and described in ORS 105.105 in order to recover possession of the
premises, provided that the right of entry is stated in the rental
agreement between the parties. [2001 c.596 §14 (105.151, 105.152,
105.153, 105.156, 105.157, 105.158, 105.159 and 105.161 enacted in lieu
of 105.154); 2003 c.378 §26]If a court entered a judgment other than pursuant to
ORS 105.146, a notice of restitution issued by the clerk of the court
pursuant to ORS 105.151 must be in substantially the following form:

___________________________________________________________________________
___

In the Circuit Court for the

County of _________NOTICE OF RESTITUTIONCase Number _________

TO: __________________

(Defendant/Tenant)_________________________________________________________________________________

(Address of property)DEADLINE TO MOVE OUT

MOVE OUT DATE: _________The Court has ordered you to move out of the property. You must
move out no later than 11:59 p.m. on the Move Out Date.

If you and everyone else living there do not move out by that time,
the Sheriff will physically remove you. You must also move all of your
belongings by that time. Anything you leave behind will be stored or
disposed of as allowed by law.________________________

Deputy Court Administrator___________________________________________________________________________
___ [2001 c.596 §16 (105.151, 105.152, 105.153, 105.156, 105.157,
105.158, 105.159 and 105.161 enacted in lieu of 105.154)] The
writ of execution of judgment of restitution referred to in ORS 105.151
must be in substantially the following form:

___________________________________________________________________________
___State of Oregon,  )                 WRIT OF

                             )     ss.  EXECUTION OF

                             )                 JUDGMENT OF

                             )                 RESTITUTION

County of_____   )

To the Sheriff:

This was an eviction action for possession of the following
premises:____________________________________________(city)______________________(county)Judgment was entered that the plaintiff have restitution of the
premises and that the plaintiff may be entitled to court costs and
disbursements.

In the name of the State of Oregon, you are ordered to enforce and
serve this writ on the defendant, in the manner provided in ORS 105.161
(1), after the four-day period provided in the notice of restitution.

If the defendant has not moved out of the premises by the end of
the four-day period or any delay requested by the plaintiff, whichever is
later, and if the plaintiff has paid all fees for enforcement of this
execution, you shall immediately make legal service of this writ and an
eviction trespass notice on the defendant. You shall remove the defendant
and any other person subject to the judgment, if present, from the
premises and return possession of the premises to the plaintiff.

The plaintiff shall be responsible for removing, storing and
disposing of any personal property left by the defendant on the premises
following the removal of the defendant and the return of possession of
the premises, as provided by ORS 105.165.

DATED this ___ day of______,___.

__________________

Deputy Court Administrator__________________

Plaintiff__________________

Address__________________

City/State/Zip___________________________________________________________________________
___ [2001 c.596 §17 (105.151, 105.152, 105.153, 105.156, 105.157,
105.158, 105.159 and 105.161 enacted in lieu of 105.154); 2003 c.378 §29;
2005 c.391 §37]Note: Section 38 (2), chapter 391, Oregon Laws 2005, provides:

Sec. 38. (2) Notwithstanding the amendments to ORS 105.156 by
section 37 of this 2005 Act, prior to January 1, 2007, a clerk of the
court may use either the form set forth in ORS 105.156 as published in
the 2003 Edition of Oregon Revised Statutes or the form set forth in ORS
105.156 as amended and in effect on the effective date of this 2005 Act
[January 1, 2006] when issuing a writ of execution of judgment of
restitution. [2005 c.391 §38(2)] The eviction trespass
notice referred to in ORS 105.151 must be in substantially the following
form:

___________________________________________________________________________
___

EVICTION TRESPASS NOTICE

Occupants of these premises located at:______________________________________________________have been evicted by an order of the court in ___________ vs.___________,
Case Number_________.

Trespassing or entering into or upon these premises without written
consent of the landlord will result in arrest and prosecution.

Any personal property present on these premises at the time this
notice was served, (date)_______________, is in the possession of the
landlord and may be redeemed by contacting the landlord at:__________________________________________________________________

DATED ______________________________SHERIFF___________________________________________________________________________
___ [2001 c.596 §18 (105.151, 105.152, 105.153, 105.156, 105.157,
105.158, 105.159 and 105.161 enacted in lieu of 105.154); 2003 c.378 §30] (1) For purposes of this
section, “process server” means any competent person 18 years of age or
older who:

(a) Is a resident of the State of Oregon;

(b) Is not the plaintiff, a relative of the plaintiff or an agent
of the plaintiff for purposes of management of the premises;

(c) Is a person regularly employed in the business of serving
process; and

(d) Charges a fee no greater than that set by ORS 21.410 (1)(a) for
service of the notice of restitution.

(2) The sheriff or a process server shall serve the notice of
restitution under ORS 105.152 or 105.153 in the manner provided by this
subsection. Notwithstanding ORCP 10, by the end of the next judicial day
following the payment of fees:

(a) The sheriff or process server shall mail a copy of the notice
of restitution by first class mail to the defendant at the premises; and

(b) The sheriff or process server shall serve the notice of
restitution at the premises by personal delivery to the defendant or, if
the defendant is not available for service, by attaching a copy of the
notice in a secure manner to the main entrance to that portion of the
premises of which the defendant has possession.

(3) If service of the notice of restitution is made by a process
server, by the end of the next judicial day following service the process
server shall file with the clerk of the court a certificate of service in
the same manner as provided by ORCP 7 F(2)(a). [2001 c.596 §19 (105.151,
105.152, 105.153, 105.156, 105.157, 105.158, 105.159 and 105.161 enacted
in lieu of 105.154); 2003 c.304 §8](1) Notwithstanding ORCP 10, the four-day period specified in
ORS 105.151 (2) shall:

(a) Commence at 12:01 a.m. on the day following mailing and service
of the notice of restitution pursuant to ORS 105.158, including a
Saturday or a Sunday or other legal holiday; and

(b) End on the fourth calendar day following the mailing and
service except that if the fourth day is a Saturday or a Sunday or other
legal holiday, the period shall end at 12 midnight of the day preceding
the next judicial day.

(2) Except as provided in subsection (3) of this section, at any
time after the expiration of the period provided in the notice of
restitution, the plaintiff may request that the clerk of the court issue
a writ of execution of judgment of restitution directing the sheriff to
enforce the judgment of restitution by returning possession of the
premises to the plaintiff. Following payment of any required fees, the
clerk shall issue the writ in substantially the form provided by ORS
105.156.

(3) Unless the judgment otherwise provides, the clerk may not issue
a notice of restitution or a writ of execution of judgment of restitution
more than 60 days after the judgment is entered or after any date for
possession as specified in the judgment, whichever is later. [2001 c.596
§20 (105.151, 105.152, 105.153, 105.156, 105.157, 105.158, 105.159 and
105.161 enacted in lieu of 105.154)](1) Following issuance of the writ of execution of
judgment of restitution and payment of any fees required by the sheriff,
the sheriff shall immediately enforce and serve the writ upon the
defendant, along with the eviction trespass notice, as follows:

(a) The sheriff shall mail a copy of the writ and the eviction
trespass notice by first class mail to the defendant at the premises;

(b) The sheriff shall serve the writ and the eviction trespass
notice at the premises by personal delivery to the defendant or, if the
defendant is not available for service, by attaching the writ and notice
in a secure manner to the main entrance to that portion of the premises
of which the defendant has possession;

(c) Immediately following the service of the writ and the eviction
trespass notice, the sheriff shall return possession of the premises to
the plaintiff by removing the defendant or any other person subject to
the judgment; and

(d) Following the sheriff’s removal of the defendant and return of
possession of the premises to the plaintiff, the plaintiff shall be
responsible for removing, storing and disposing of any personal property
left by the defendant on the premises, as provided by ORS 105.165.

(2) Following issuance of the writ, at the plaintiff’s request, the
sheriff shall delay enforcement and service of the writ.

(3) Any writ not enforced and served within 30 days following
issuance shall expire and become unenforceable.

(4) A judgment may not be enforced if the parties have entered a
new rental agreement or if the plaintiff has accepted rent for a period
of occupancy beginning after the judgment was entered. [2001 c.596 §21
(105.151, 105.152, 105.153, 105.156, 105.157, 105.158, 105.159 and
105.161 enacted in lieu of 105.154); 2003 c.378 §31](1) If ORS
chapter 90 applies to a dwelling unit, following restitution of the
premises to the plaintiff by the sheriff pursuant to ORS 105.161, the
plaintiff shall remove, store and dispose of any personal property left
by the defendant on the premises as provided in ORS 90.425 or 90.675.

(2) If ORS chapter 90 does not apply to a premises, the plaintiff
or landlord shall remove, store and dispose of any personal property left
by the defendant or tenant upon the premises following recovery of
possession of the premises by the plaintiff or landlord:

(a) Pursuant to any landlord’s lien available under ORS 87.162;

(b) As provided by any rental agreement between the plaintiff or
landlord and the defendant or tenant; or

(c) At the plaintiff or landlord’s discretion, by following the
process described in ORS 90.425 (2), (3) and (5) to (11) and (13) to (16)
except that:

(A) The plaintiff or landlord may require payment of any amount
owed by the defendant or tenant to the plaintiff or landlord prior to
allowing the defendant or tenant to remove or recover the personal
property if the payment requirement is stated in the written notice; and

(B) ORS 90.425 may be applied to address only the rights and
obligations of the plaintiff or landlord and defendant or tenant in the
personal property and not the rights of other parties.

(3) Any cost incurred by the plaintiff for execution pursuant to
ORS 105.151 or 105.158 to 105.161 or for removal, storage or sale of the
defendant’s property under this section and not recovered pursuant to ORS
90.425 (13) or 90.675 (13) shall be added to the judgment.

(4) If the plaintiff fails to permit the defendant to recover
possession of the defendant’s personal property under subsection (1) of
this section, the defendant may recover from the plaintiff, in addition
to any other amount provided by law, twice the actual damages or twice
the monthly rent, whichever is greater. [1981 c.753 §9; 1989 c.506 §23;
1989 c.910 §5; 1993 c.369 §18; 1995 c.559 §51; 1997 c.577 §39; 2001 c.596
§48; 2003 c.378 §32; 2003 c.658 §10]Notwithstanding ORCP 27 or any other provision of law, a
minor, as defined in ORS 109.697 and who is a tenant as defined under ORS
90.100, may appear as a party without appointment of a guardian or
guardian ad litem in an action for forcible entry or wrongful detainer,
under ORS 105.105 to 105.168 regarding possession of a residential
dwelling unit to which ORS chapter 90 applies, or in an action based upon
a contract for a residential dwelling unit or for utility services
provided to that unit. [1993 c.369 §31]EASEMENT OWNER OBLIGATIONS For purposes of ORS
105.170 to 105.185:

(1) “Easement” means a nonpossessory interest in the land of
another which entitles the holders of an interest in the easement to a
private right of way, embodying the right to pass across another’s land.

(2) “Holders of an interest in an easement” means those with a
legal right to use the easement, including the owner of the land across
which the easement passes if the owner of the land has the legal right to
use the easement. [1989 c.660 §1; 1991 c.49 §1]
(1) The holders of an interest in any easement shall maintain the
easement in repair.

(2) The cost of maintaining the easement in repair shall be shared
by each holder of an interest in the easement, pursuant to the terms of
any agreement entered into by the parties for that purpose or any
recorded instrument creating the easement. Any such agreement, or a
memorandum thereof, shall be recorded in the real property records of the
county in which the easement is located. Failure to record the agreement
shall not affect the enforceability of the agreement among the parties to
the agreement and any other person with actual notice of the agreement.

(3) The cost of maintaining the easement in repair in the absence
of an agreement and in the absence of maintenance provisions in a
recorded instrument creating the easement shall be shared by each holder
of an interest in the easement in proportion to the use made of the
easement by each holder of an interest in the easement.

(4) Unless inconsistent with an agreement between the holders of an
interest in an easement or a recorded instrument creating the easement,
in determining proportionate use and settling conflicts the following
guidelines apply:

(a) The frequency of use and the size and weight of vehicles used
by the respective parties are relevant factors.

(b) Unless inappropriate, based on the factors contained in
paragraph (a) of this subsection or other relevant factors, costs for
normal and usual maintenance of the easement and costs of repair of the
easement damaged by natural disasters or other events for which all
holders of an interest in the easement are blameless may be shared on the
basis of percentages resulting from dividing the distance of total normal
usage of all holders of an interest in the easement into the normal usage
distance of each holder of an interest in the easement.

(c) Those holders of an interest in the easement that are
responsible for damage to the easement because of negligence or abnormal
use shall repair the damage at their sole expense. [1989 c.660 §§2,3,4;
1991 c.49 §2](1) If any holder of an interest in an easement
fails to maintain the easement contrary to an agreement or contrary to
the maintenance provisions of a recorded instrument creating the easement
or, in the absence of an agreement or recorded instrument imposing
maintenance obligations, fails after demand in writing to pay the
holder’s proportion of the cost as indicated in ORS 105.175 (3) and (4),
a civil action for money damages or specific performance or contribution
may be brought against that person in a court of competent jurisdiction
by one or more of the other holders of an interest in the easement,
either jointly or severally. In any such civil action, the court may
order such equitable relief as may be just in the circumstances. Nothing
in ORS 105.170 to 105.185 shall impose a maintenance obligation on the
holder of an interest in an easement based on the maintenance provisions
in an instrument creating the easement if such holder is not a party to
such instrument, whether the instrument is recorded or not, after such
holder ceases to use the easement.

(2) The prevailing party shall recover all court costs, arbitration
fees and attorney fees.

(3) Any holder of an interest in the easement may apply to the
court of competent jurisdiction where the easement is located and that
has jurisdiction over the amount in controversy for the appointment of an
impartial arbitrator to apportion the cost, and the matter may be
arbitrated in accordance with ORS 36.600 to 36.740. The application may
be made before, during or after performance of the maintenance work.
[1989 c.660 §5; 1991 c.49 §3; 2003 c.598 §34] The provisions of
ORS 105.170 to 105.185:

(1) Apply to all easements existing on or created after January 1,
1992; and

(2) Do not apply to rights of way held or used by providers of
public services including, but not limited to, railroad common carriers,
pipeline companies, public utilities, electric cooperatives, people’s
utility districts, water utility districts, municipally owned utilities
and telecommunications utilities, when used for the sole purpose of
provision of service or maintaining or repairing facilities for the
provision or distribution of service. [1989 c.660 §6; 1991 c.49 §4]MODIFICATION OF LEASE TERMSWhenever a covenant of good faith and fair
dealing is implied in the lease of real property, a party’s rights or
duties under such covenant may be modified only by express provision in
the lease agreement. [1997 c.845 §1]PARTITION When several persons hold real
property as tenants in common, in which one or more of them have an
estate of inheritance, or for life or years, or when several persons hold
as tenants in common a vested remainder or reversion in any real
property, any one or more of them may maintain a suit for the partition
of the real property according to the respective rights of the persons
interested therein, and for a sale of all or a part of the property if it
appears that a partition cannot be had without great prejudice to the
owner. (1) If the court finds
that the property can neither be partitioned nor sold without great
prejudice to the owners, the court may receive evidence as to the value
of the respective interests, fix the value thereof, and make an order
permitting an owner to borrow money upon the property with which to pay
off the interest, as so fixed, of another owner. Subject to subsection
(2) of this section, an owner whose interest in the property is to be
satisfied shall be fully discharged by proof of payment filed with the
court of the amount fixed by the court as the value of that owner’s
interest. A discharged owner shall have no further interest in or claim
upon the property.

(2) A court may not order the discharge of an interest of a public
body in real property without the consent of the governing body of the
public body. [Amended by 2001 c.606 §1] The interest of all known and unknown persons in
the property shall be specifically and particularly set forth in the
complaint for partition, as far as known to the plaintiff. If one or more
of the parties, or the share or quantity of interest of any of the
parties, is unknown to the plaintiff or is uncertain or contingent, or if
the ownership of the inheritance depends upon an executory devise, or the
remainder is a contingent remainder, so that the parties cannot be named,
that fact shall be set forth in the complaint.The plaintiff shall make a tenant in dower, by the
curtesy, for life or for years of any portion of the entire property and
creditors having a lien upon any portion of the property defendants in
the suit. When the lien is upon an undivided interest or estate of any of
the parties and a partition is made, it is thenceforth a lien only upon
the share assigned to such party; but such share shall be first charged
with its just proportion of the cost of the partition in preference to
such lien. The summons shall be directed by
name to all the tenants in common who are known, to all lien creditors
who are made parties to the suit and generally to all persons unknown
having or claiming an interest or estate in the property. If a party having a share or
interest in or lien upon the property is unknown or cannot be found, and
such fact is made to appear by affidavit, the summons may be served on
the unknown or unlocated party by publication, directed by the court or
judge, as in ordinary cases. When service of the summons is made by
publication it must be accompanied by a brief description of the property
which is the subject of the suit. [Amended by 1979 c.284 §95] The defendant shall set forth in the answer the
nature and extent of the interest of the defendant in the property. If
the defendant is a lien creditor the defendant shall set forth how the
lien was created, the amount of the debt secured thereby and remaining
due, and whether such debt is secured in any other way, and if so, the
nature of the other security.The rights of the plaintiffs and
defendants may be put in issue, tried and determined in the suit. If a
defendant fails to answer, or if a sale of the property is necessary, the
title shall be ascertained by proof to the satisfaction of the court
before the judgment for partition or sale is given. [Amended by 2003
c.576 §361] If it is alleged in the
complaint and established by evidence, or if it appears by the evidence
to the satisfaction of the court without an allegation in the complaint,
that the property or any part of it is so situated that partition cannot
be made without great prejudice to the owners, the court may order a sale
of the property, and for that purpose may appoint one or more referees.
Otherwise, upon the requisite proofs being made, it shall enter a
judgment requiring a partition according to the respective rights of the
parties, as ascertained by the court. The court shall appoint three
referees to partition the property and shall designate the portion to
remain undivided for the owners whose interest remain unknown or not
ascertained. [Amended by 2003 c.576 §362] When it
appears that partition cannot be made without prejudice to the rights and
interests of some of the parties, the court may adjudge compensation to
be made by one party to another on account of the inequality of
partition. Compensation shall not be required to be paid to others by
owners unknown, nor by infants unless it appears that an infant has
personal property sufficient for that purpose, and that the interest of
the infant will be promoted thereby. In making the
partition the referees shall divide the property and allot the several
portions thereof to the respective parties, quality and quantity
relatively considered, according to the respective rights of the parties
as determined by the court. They shall designate the several portions by
proper landmarks, and may employ a surveyor with the necessary assistants
to aid them. The referees shall make a report of their proceedings,
specifying therein the manner of executing their trust and describing the
property divided and the shares allotted to each party with a particular
description of each share. The court may
confirm or set aside the report in whole or in part and if necessary
appoint new referees. Upon the report being confirmed, a judgment shall
be given stating that the partition shall be effectual forever. Except as
provided in ORS 105.265, the judgment is binding and conclusive:

(1) On all parties named therein, and their legal representatives,
who have at the time any interest in any part of the property divided as
owners in fee or as tenants for life or for years.

(2) On all parties named therein, and their legal representatives,
entitled to the reversion, remainder or inheritance of the property or
any part thereof after the termination of a particular estate therein, or
who by any contingency may be entitled to a beneficial interest in the
property.

(3) On all parties named therein, or their legal representatives,
who have an interest in any undivided share of the property as tenants
for years or for life.

(4) On all persons interested in the property who are unknown, to
whom notice was given of the application for partition by publication, as
directed by ORS 105.230.

(5) On all persons claiming from parties or persons listed in
subsections (1) to (4) of this section. [Amended by 2003 c.576 §363] The judgment provided for
in ORS 105.260 shall not affect tenants for years or for life of the
whole of the property which is the subject of partition. Except as
provided in ORS 105.260, the judgment and partition shall not preclude
any person from claiming title to the property in question, or from
controverting the title of the parties between whom the partition was
made. [Amended by 2003 c.576 §364] If the referees report
to the court that the property to be partitioned, or any separate portion
thereof, is so situated that a partition thereof cannot be made without
great prejudice to the owners, and the court is satisfied that the report
is correct, it may, by an order, direct the referees to sell the property
or separate portion thereof so situated. [Amended by 2003 c.576 §365] If the report of
the referee is confirmed the order of confirmation is binding and
conclusive upon all parties to the suit. All sales of real property
made by the referees shall be made by public auction to the highest
bidder in the manner required for the sale of real property on execution.
The notice shall state the terms of sale. If the property or any part of
it is to be sold subject to a prior estate, charge or lien, that fact
shall be stated in the notice. The proceeds of the sale
of encumbered property shall be distributed by the judgment of the court
as follows:

(1) To pay the property’s just proportion of the general costs of
the suit.

(2) To pay the costs of the reference.

(3) To satisfy the several liens in their order of priority, by
payment of the sums due and to become due, according to the judgment.

(4) The residue among the owners of the property sold, according to
their respective shares. [Amended by 2003 c.576 §366]
The proceeds of sale and the securities taken by the referees, or any
part thereof, shall be distributed by them to the persons entitled
thereto whenever the court so directs. If no such direction is given, all
proceeds and securities shall be paid into court or deposited as directed
by the court. When
the proceeds of sales of any shares or parcel belonging to known persons
who are parties to the suit are paid into court, the suit may be
continued as between such parties for the determination by the court of
their respective claims thereto. Further testimony may be taken in court,
or by a referee, at the discretion of the court, and the court may, if
necessary, require the parties to present the facts or law in controversy
by pleadings as in an original suit. Whenever any party to
the suit, who holds a lien upon any part of the property has other
securities for the payment of the amount of the lien, the court may, in
its discretion, order the securities to be exhausted before a
distribution of the proceeds of sale, or may order a just deduction to be
made from the amount of the lien on the property. The court shall, in the order of sale,
direct the terms of credit which may be allowed for the purchase money of
any portion of the premises which it may direct to be sold on credit; and
for that portion of which the purchase money is required by ORS 105.370
to be invested for the benefit of unknown owners, infants or parties out
of the state. The referees may take separate mortgages and other
securities for the whole or convenient portions of the purchase money of
such parts of the property as are directed by the court to be sold on
credit, in the name of the clerk of the court and the clerk’s successor
in office. When there is a known owner of full age, the security for the
share of the owner shall be executed in the name of the owner. When
only a part of the property is ordered to be sold, the whole of an estate
for life or years in an undivided share of the property may be set off in
any part of the property not ordered to be sold. When the estate of
any tenant for life or years in any undivided part of the property in
question was admitted by the parties or ascertained by the court to be
existing at the time of the order of sale, and the person entitled to
such estate was made a party to the suit, the estate may be first set off
out of any part of the property and a sale made of such parcel subject to
the tenants prior unsold estate; but if in the judgment of the court a
due regard to the interest of all the parties requires that such estate
should also be sold, the sale of the estate may be ordered. Any person
entitled to an estate for life or years in any undivided part of the
property, whose estate has been sold, shall be entitled to receive such
sum in gross as is, deemed, upon principles of law applicable to
annuities, a reasonable satisfaction for the estate. If the person so
entitled consents to that sum, the person shall accept it by executing an
instrument that is duly acknowledged or proved in the same manner as
deeds for the purpose of record, and filed with the clerk. If a tenant does
not consent pursuant to ORS 105.320, before the report of sale, the court
shall ascertain and determine what proportion of the proceeds of the
sale, after deducting expenses, will be a just and reasonable sum to be
invested for the tenant’s benefit, and shall order that sum to be
deposited in court for that purpose. The
proportion of the proceeds of the sale to be invested, as provided in ORS
105.325, shall be ascertained and determined as follows:

(1) If an estate in dower or curtesy is included in the order of
sale its proportion shall be one-half of the proceeds of the sale of the
property, or of the sale of the undivided share in the property upon
which the claim or dower existed.

(2) If any other estate for life or years is included in the order
of sale its proportion shall be the whole proceeds of the sale of the
property, or of the sale of an undivided share of the property in which
the estate existed. If any person entitled to an
estate for life or years is unknown, the court shall provide for the
protection of the rights of the person in the same manner, as far as
possible, as if the person were known and had appeared. In all cases of
sales in partition when it appears that any person has a vested or
contingent future right or estate in any of the property sold, the court
shall ascertain and settle the proportional value of the contingent or
vested right or estate according to the principles of law applicable to
annuities and survivorship, and shall direct such proportion of the
proceeds of sale to be invested, secured or paid over in such manner as
to protect the rights and interests of the parties. [Amended by 1969
c.591 §282]
In all cases of sales of property, the terms shall be known at the time.
If the premises consist of distinct farms or lots they shall be sold
separately, or otherwise if the court so directs.
Neither of the referees, nor any person for the benefit of either of
them, shall be interested in any purchase at a partition sale; nor shall
the guardian or conservator of the estate of an infant party be
interested in the purchase of any real property that is the subject of
the suit, except for the benefit of the infant. All sales contrary to the
provisions of this section are void. [Amended by 1973 c.823 §99] After completing the sale the referees
shall report it to the court with the description of the different
parcels of land sold to each purchaser, the name of the purchaser, the
price paid or secured, the terms and conditions of the sale and the
securities, if any, taken. The report shall be filed with the clerk.The report of sale may be excepted to by any party entitled
to a share of the proceeds in like manner and with like effect as in
ordinary cases. If the sale is confirmed the order of confirmation shall
direct the referees to execute conveyances and take securities pursuant
to the sale, which acts they are hereby authorized to do. The order shall
discharge the property of the estate or interest of every person
mentioned in ORS 105.260 and of tenants for life or years of the property
sold. The order shall be binding and conclusive upon all such persons as
if it were a judgment for the partition of such property and except as
provided in ORS 105.350, upon all persons whomsoever as to the regularity
of the proceedings concerning such sale. [Amended by 2003 c.576 §367] When a
party entitled to a share of the property, or an encumbrancer entitled to
have the lien of the encumbrancer paid out of the sale, becomes a
purchaser, the referees may take a receipt for so much of the proceeds of
the sale as belongs to the party or the encumbrancer. When there are
proceeds of sale belonging to an unknown owner, or to a person without
the state who has no legal representative within it, or when there are
proceeds arising from the sale of an estate subject to the prior estate
of a tenant for life or years, which are paid into court or otherwise
deposited by order of the court, such proceeds shall be invested in
securities on interest for the benefit of the persons entitled thereto. 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. 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. 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.
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]
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] 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] (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.

(2) The reasonable costs of partition, including reasonable
attorney fees and disbursements, that are for services performed for the
common benefit of all parties, shall be paid by the parties that will
share in the lands divided in proportion to their respective interests
therein, and shall be included and specified in the judgment. They shall
be a lien on the several shares, and the judgment may be enforced by
execution against the parties separately. When, however, a controversy
arises between some of the parties only, the court may require the
expense of such controversy to be paid by any of, or all, the parties
thereto. [Amended by 1971 c.502 §1; 2003 c.576 §368]HOUSING RECEIVERSHIP (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.

(2) The Legislative Assembly further recognizes that there are
residential properties in this state that have not been maintained in
compliance with basic sanitary and habitability standards and which have
become abandoned. These conditions contribute to the spread of disease
and criminal activity, create urban blight and community deterioration,
adversely affect the state’s economic and social viability and otherwise
detrimentally impact the public’s health, safety and welfare.

(3) In order to correct these conditions, it is necessary to
revitalize these residential properties and thus add to the overall
housing stock of this state. The Legislative Assembly deems it necessary
to authorize county and municipal governments to adopt and implement
receivership programs to allow for the upgrading of substandard and
abandoned residential properties. [1989 c.649 §2] As used
in ORS 105.420 to 105.445 and 105.455:

(1) “Abatement” means the removal or correction of any condition at
a property including demolition that violates the provisions of any duly
enacted building or housing code, as well as the making of such other
improvements or corrections as are needed to effect the rehabilitation of
the property or structure, but not including the closing or physical
securing of the structure.

(2) “Building code” or “housing code” means any law, ordinance or
governmental regulation concerning habitability or the construction,
maintenance, operation, occupancy, use or appearance of any property.

(3) “Governing body” means the city council, board of
commissioners, county court or other managing board of a municipality or
county.

(4) “Interested party” means any person or entity that possesses
any legal or equitable interest of record in the property, including but
not limited to the holder of any lien or encumbrance of record on the
property.

(5) “Property” means real property and all improvements thereon
including edifices, structures, buildings, unit or part thereof used or
intended to be used for residential purposes including single-family,
duplex, multifamily structures and mixed-use structures which have one or
more residential units. [1989 c.649 §3](1) If residential property is
found to be in violation of building or housing codes which the city or
county, in the exercise of reasonable discretion believes constitutes a
threat to the public health, safety or welfare, the city or county in
addition to any other remedies available to it may apply to a court of
competent jurisdiction for the appointment of a receiver to perform an
abatement.

(2) At least 60 days prior to the filing of an application for
appointment of a receiver pursuant to ORS 105.420 to 105.455, the city or
county shall give written notice by regular mail to all interested
parties of its intent to file the application and information relative to:

(a) The identity of the property;

(b) The violations of the building or housing codes giving rise to
the application for the receiver;

(c) The name, address and telephone number of the person or
department where additional information can be obtained concerning
violations and their remedy; and

(d) The city or county which may seek the appointment of a receiver
pursuant to ORS 105.420 to 105.455 unless action is taken within 60 days
by an interested party.

(3) A city or county may not apply for the appointment of a
receiver pursuant to ORS 105.420 to 105.455 if an interested party has
commenced and is then prosecuting in a timely fashion an action or other
judicial or nonjudicial proceeding to foreclose a security interest on
the property, or to obtain specific performance of or forfeit the
purchaser’s interest in under a land sale contract.

(4) Notice of the application for the appointment of a receiver
pursuant to ORS 105.420 to 105.455 shall be served on all interested
parties.

(5) If, following the application for appointment of a receiver,
one or more of the interested parties elects to correct the conditions at
the property giving rise to the city’s or county’s application for the
appointment of a receiver, the party or parties shall be required to post
security in an amount and character as the court deems appropriate to
insure timely performance of all work necessary to make corrections, as
well as such other conditions as the court deems appropriate to effect
the timely completion of the corrections by the interested party or
parties.

(6) In the event that no interested party elects to act pursuant to
subsection (5) of this section or fails to timely perform work undertaken
pursuant to subsection (5) of this section, the court shall make a
determination that the property is an unsafe or insanitary condition and
appoint a receiver to complete the abatement.

(7) A receiver may be any one of the following:

(a) A housing authority organized under the terms of ORS 456.055 to
456.235;

(b) An urban renewal agency organized under the terms of ORS
457.035 to 457.320;

(c) A private not-for-profit corporation, the primary purpose of
which is the improvement of housing conditions within the city or county;
or

(d) A city or county agency, bureau or similar subdivision
designated by the city or county as being responsible for the
rehabilitation of property.

(8) A receiver appointed by the court pursuant to ORS 105.420 to
105.455 shall not be required to give security or bond of any sort prior
to appointment. [1989 c.649 §4; 1995 c.79 §34](1) A receiver appointed by the
court, pursuant to ORS 105.420 to 105.455, shall have the authority to do
any or all of the following unless specifically limited by the court:

(a) Take possession and control of the property including the right
to enter, modify and terminate tenancies pursuant to ORS 105.105 to
105.161 and to charge and collect rents derived therefrom, applying said
sum to the costs incurred due to the abatement and receivership;

(b) Negotiate contracts and pay all expenses associated with the
operation and conservation of the property including, but not limited to,
all utility, fuel, custodial, repair or insurance costs;

(c) Pay all accrued property taxes, penalties, assessments and
other charges imposed on the property by a unit of government as well as
any accruing charge of like nature accruing during the pendency of the
receivership;

(d) Dispose of any or all abandoned personal property found at the
structure; and

(e) Enter into contracts and pay for the performance of any work
necessary to complete the abatement.

(2) In addition to the powers set forth in subsection (1) of this
section, the receiver may, under such terms and condition as a court
shall allow, enter into financing agreements with public or private
lenders and encumber the property therewith so as to have moneys
available to correct the conditions at the property giving rise to the
abatement.

(3) A receiver may charge an administrative fee at an hourly rate
approved by the court or at a rate of 15 percent of the total cost of the
abatement, whichever the court deems more appropriate.

(4) All abatement work done under ORS 105.420 to 105.455 is exempt
from the public contracting statutes set forth in ORS 279C.005, 279C.100
to 279C.125 and 279C.300 to 279C.470 and ORS chapters 279A and 279B,
except ORS 279A.125, 279A.250 to 279A.290 and 279B.235. [1989 c.649
§§5,6; 2003 c.794 §196](1) All moneys expended and all costs and obligations incurred
by the receiver in performing the abatement shall be reviewed by the
court for reasonableness and their necessity in performing the abatement.
To the extent that the court finds the moneys, costs or obligations, or
any combination thereof, to be reasonable and necessary, it shall issue
an order reciting this fact as well as the amount found to be reasonable
and necessary.

(2) If the costs and obligations incurred due to the abatement have
not been paid, the order of the court shall be filed with the county
recorder within 60 days of its filing with the court and shall thereafter
constitute a lien on the property. [1989 c.649 §7](1) As used in this section, “purchase money
security interest” means:

(a) The interest of a vendor under a land sale contract pertaining
to the property if the contract was recorded prior to the issuance of the
notice under ORS 105.430 (2);

(b) The interest of a mortgagee under a purchase money mortgage if
the mortgage was recorded prior to the issuance of the notice under ORS
105.430 (2); or

(c) The interest of a beneficiary under a purchase money trust deed
if the trust deed was recorded prior to the issuance of the notice under
ORS 105.430 (2).

(2) Notwithstanding any other provision of law or any purchase
money security interest, the issuance of the notice under ORS 105.430 (2)
shall constitute a default under the purchase money security interest,
and if the violations of the building or housing codes listed in the
notice are not corrected within 30 days after the mailing of the notice,
the vendor, mortgagee or beneficiary under the purchase money security
interest may commence proceedings to exercise the remedies set forth in
the purchase money security interest.

(3) A lien created by ORS 105.440 (2) shall be prior and superior
to any purchase money security interest in the property if:

(a) The city or county gave the holder of the purchase money
security interest and any vendee, mortgagor or grantor under such
purchase money security interest the notice required under ORS 105.430
(2); and

(b) The holder of the purchase money security interest has not,
prior to the appointment of a receiver under ORS 105.430 (6), initiated
proceedings or taken other action to foreclose the purchase money
security interest or to otherwise gain possession of the property.

(4) A lien created under ORS 105.440 (2) shall, except for property
tax liens, assessment liens, liens created by ORS 87.352 to 87.362 and
purchase money security interests not covered by subsection (3) of this
section, be prior and superior to all other liens, mortgages and
encumbrances against the property upon which it is imposed without regard
to whether the other liens, mortgages or encumbrances attached to the
property before or after the lien created by ORS 105.440 (2) attached.
[1989 c.649 §8] 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:

(1) The abatement has been completed;

(2) The costs and obligations incurred due to the abatement have
been paid by an interested party or a lien has been filed pursuant to ORS
105.440; and

(3) The interested party will manage the property in conformance
with applicable housing codes. [1989 c.649 §9]ORS 105.420 to 105.430 and 105.455 may be
cited as the Oregon Housing Receivership Act. [1989 c.649 §1]SELLER’S PROPERTY DISCLOSURE STATEMENT For purposes of ORS
105.462 to 105.490:

(1) “Financial institution” has the meaning given that term in ORS
706.008. “Financial institution” includes a:

(a) Trust company, as that term is defined in ORS 706.008;

(b) Mortgage banker, as that term is defined in ORS 59.840;

(c) Mortgage broker, as that term is defined in ORS 59.840; and

(d) Consumer finance company that is licensed under ORS chapter 725.

(2) “Real estate licensee” has the meaning given that term in ORS
696.010. [2003 c.328 §4; 2005 c.287 §1] A seller’s
property disclosure statement must be in substantially the following form:

___________________________________________________________________________
___

If required under ORS 105.465, a seller shall deliver in substantially
the following form the seller’s property disclosure statement to each
buyer who makes a written offer to purchase real property in this state:

___________________________________________________________________________
___

INSTRUCTIONS TO THE SELLERPlease complete the following form. Do not leave any spaces blank. Please
refer to the line number(s) of the question(s) when you provide your
explanation(s). If you are not claiming an exclusion or refusing to
provide the form under ORS 105.475 (4), you should date and sign each
page of this disclosure statement and each attachment.Each seller of residential property described in ORS 105.465 must deliver
this form to each buyer who makes a written offer to purchase. Under ORS
105.475 (4), refusal to provide this form gives the buyer the right to
revoke their offer at any time prior to closing the transaction. Use only
the section(s) of the form that apply to the transaction for which the
form is used. If you are claiming an exclusion under ORS 105.470, fill
out only Section 1.An exclusion may be claimed only if the seller qualifies for the
exclusion under the law. If not excluded, the seller must disclose the
condition of the property or the buyer may revoke their offer to purchase
anytime prior to closing the transaction. Questions regarding the legal
consequences of the seller’s choice should be directed to a qualified
attorney.

___________________________________________________________________________
___

(DO NOT FILL OUT THIS SECTION UNLESS YOU ARE CLAIMING AN EXCLUSION UNDER
ORS 105.470)Section 1. EXCLUSION FROM ORS 105.462 TO 105.490:You may claim an exclusion under ORS 105.470 only if you qualify under
the statute. If you are not claiming an exclusion, you must fill out
Section 2 of this form completely.Initial only the exclusion you wish to claim._____This is the first sale of a dwelling never occupied. The dwelling is
constructed or installed under building or installation permit(s) #_____,
issued by________._____This sale is by a financial institution that acquired the property
as custodian, agent or trustee, or by foreclosure or deed in lieu of
foreclosure._____The seller is a court appointed receiver, personal representative,
trustee, conservator or guardian._____This sale or transfer is by a governmental agency.______________________

Signature(s) of Seller claiming exclusionDate ______________________________Buyer(s) to acknowledge Seller’s claimDate ________

___________________________________________________________________________
___(IF YOU DID NOT CLAIM AN EXCLUSION IN SECTION 1, YOU MUST FILL OUT THIS
SECTION.)Section 2. SELLER’S PROPERTY DISCLOSURE STATEMENT(NOT A WARRANTY)

(ORS 105.464)NOTICE TO THE BUYER: THE FOLLOWING REPRESENTATIONS ARE MADE BY THE
SELLER(S) CONCERNING THE CONDITION OF THE PROPERTY LOCATED AT
_______________ (“THE PROPERTY”).DISCLOSURES CONTAINED IN THIS FORM ARE PROVIDED BY THE SELLER ON THE
BASIS OF SELLER’S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME OF
DISCLOSURE. BUYER HAS FIVE DAYS FROM THE SELLER’S DELIVERY OF THIS
SELLER’S DISCLOSURE STATEMENT TO REVOKE BUYER’S OFFER BY DELIVERING
BUYER’S SEPARATE SIGNED WRITTEN STATEMENT OF REVOCATION TO THE SELLER
DISAPPROVING THE SELLER’S DISCLOSURE STATEMENT, UNLESS BUYER WAIVES THIS
RIGHT AT OR PRIOR TO ENTERING INTO A SALE AGREEMENT.FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS
PROPERTY, BUYER IS ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF A
QUALIFIED SPECIALIST TO INSPECT THE PROPERTY ON BUYER’S BEHALF INCLUDING,
FOR EXAMPLE, ONE OR MORE OF THE FOLLOWING: ARCHITECTS, ENGINEERS,
PLUMBERS, ELECTRICIANS, ROOFERS, ENVIRONMENTAL INSPECTORS, BUILDING
INSPECTORS, CERTIFIED HOME INSPECTORS, OR PEST AND DRY ROT INSPECTORS.Seller _____ is/ _____ is not occupying the property.I. SELLER’S REPRESENTATIONS:The following are representations made by the seller and are not the
representations of any financial institution that may have made or may
make a loan pertaining to the property, or that may have or take a
security interest in the property, or any real estate licensee engaged by
the seller or the buyer.If you mark yes on items with *, attach a copy or explain on an attached
sheet.

1. TITLE

A. Do you have legal authority to sell the property?[ ]Yes 
[ ]No    [ ]Unknown

*B.      Is title to the property subject to any of the

           
following:                                                                 
   [ ]Yes  [ ]No    [ ]Unknown

(1)  First right of refusal

(2)  Option

(3)  Lease or rental agreement

(4)  Other listing

(5)  Life estate?

*C.      Are there any encroachments, boundary

      agreements, boundary disputes or recent

      boundary
changes?                                              [ ]Yes  [
]No    [ ]Unknown

*D.      Are there any rights of way, easements,

      licenses, access limitations or claims that

      may affect your interest in the property?                   
[ ]Yes  [ ]No    [ ]Unknown

*E. Are there any agreements for joint

      maintenance of an easement or right of
way?                 [ ]Yes  [ ]No    [ ]Unknown

*F. Are there any governmental studies, designations,

      zoning overlays, surveys or notices that would

      affect the
property?                                             [ ]Yes  [
]No    [ ]Unknown

*G.      Are there any pending or existing governmental

      assessments against the
property?                        [ ]Yes  [ ]No    [ ]Unknown

*H.      Are there any zoning violations or

      nonconforming
uses?                                           [ ]Yes  [ ]No    [
]Unknown

*I.  Is there a boundary survey for the property?       [
]Yes  [ ]No    [ ]Unknown

*J.  Are there any covenants, conditions,

      restrictions or private assessments that

      affect the
property?                                             [ ]Yes  [
]No    [ ]Unknown

*K.      Is the property subject to any special tax

      assessment or tax treatment that may result

      in levy of additional taxes if the property

      is
sold?                                                                      
  [ ]Yes  [ ]No    [ ]Unknown2. WATER

A. Household water

(1)  The source of the water is (check ALL that apply):

     [ ]Public [ ]Community [ ]Private

     [ ]Other ________

(2)  Water source information:

*a. Does the water source require a water permit?    [ ]Yes 
[ ]No    [ ]Unknown

      If yes, do you have a
permit?                              [ ]Yes  [ ]No

b.   Is the water source located on the property?       [
]Yes  [ ]No    [ ]Unknown

      *If not, are there any written agreements for

      a shared water
source?                                         [ ]Yes  [ ]No    [
]Unknown     [ ]NA

*c. Is there an easement (recorded or unrecorded)

      for your access to or maintenance of the water

           
source?                                                                    
    [ ]Yes  [ ]No    [ ]Unknown

d.   If the source of water is from a well or spring,

      have you had any of the following in the past

     12 months? [ ]Flow test [ ]Bacteria test

     [ ]Chemical contents
test                                     [ ]Yes  [ ]No    [
]Unknown     [ ]NA

*e. Are there any water source plumbing problems

      or needed
repairs?                                                [ ]Yes  [
]No    [ ]Unknown

(3)  Are there any water treatment systems for

      the
property?                                                        [
]Yes  [ ]No    [ ]Unknown

     [ ]Leased [ ]Owned

B.  Irrigation

(1)  Are there any [ ] water rights or [ ] other

      irrigation rights for the
property?                         [ ]Yes  [ ]No    [ ]Unknown

(2)If any exist, has the irrigation water been

      used during the last five-year
period?                             [ ]Yes  [ ]No    [
]Unknown     [ ]NA

(3)Is there a water rights certificate or other

      written evidence
available?                                  [ ]Yes  [ ]No    [
]Unknown     [ ]NA

C.  Outdoor sprinkler system

(1)  Is there an outdoor sprinkler system for the

           
property?                                                                  
   [ ]Yes  [ ]No    [ ]Unknown

(2)  Has a back flow valve been installed?                 [
]Yes  [ ]No    [ ]Unknown     [ ]NA

(3)  Is the outdoor sprinkler system operable?           [
]Yes  [ ]No    [ ]Unknown     [ ]NA3. SEWAGE SYSTEM

A. Is the property connected to a public or

      community sewage
system?                                 [ ]Yes  [ ]No    [ ]Unknown

B.  Are there any new public or community sewage

      systems proposed for the property?                           
[ ]Yes  [ ]No    [ ]Unknown

C.  Is the property connected to an on-site septic

           
system?                                                                    
   [ ]Yes  [ ]No    [ ]Unknown

      If yes, was it installed by
permit?                        [ ]Yes  [ ]No    [ ]Unknown     [
]NA

      *Has the system been repaired or altered?          [
]Yes  [ ]No    [ ]Unknown

      Has the condition of the system been

      evaluated and a report
issued?                             [ ]Yes  [ ]No    [ ]Unknown

      Has it ever been
pumped?                                    [ ]Yes  [ ]No    [
]Unknown     [ ]NA

      If yes, when? _______________

*D.      Are there any sewage system problems or

      needed
repairs?                                                    [
]Yes  [ ]No    [ ]Unknown

E.   Does your sewage system require on-site

      pumping to another
level?                                    [ ]Yes  [ ]No    [
]Unknown4. DWELLING INSULATION

A. Is there insulation in the:

(1) 
Ceiling?                                                                   
    [ ]Yes  [ ]No    [ ]Unknown

(2)  Exterior
walls?                                                     [ ]Yes 
[ ]No    [ ]Unknown

(3) 
Floors?                                                                    
    [ ]Yes  [ ]No    [ ]Unknown

B.  Are there any defective insulated doors or

     
windows?                                                                   
[ ]Yes  [ ]No    [ ]Unknown5. DWELLING STRUCTURE

*A.     Has the roof
leaked?                                            [ ]Yes  [
]No    [ ]Unknown

      If yes, has it been
repaired?                                 [ ]Yes  [ ]No    [
]Unknown     [ ]NA

B.  Are there any additions, conversions or

           
remodeling?                                                         
[ ]Yes  [ ]No    [ ]Unknown

      If yes, was a building permit required?                     
[ ]Yes  [ ]No    [ ]Unknown     [ ]NA

      If yes, was a building permit obtained?                     
[ ]Yes  [ ]No    [ ]Unknown     [ ]NA

      If yes, was final inspection
obtained?                             [ ]Yes  [ ]No    [
]Unknown     [ ]NA

C.  Are there smoke alarms or detectors?                  [
]Yes  [ ]No    [ ]Unknown

D.  Is there a woodstove included in the sale?          [
]Yes  [ ]No    [ ]Unknown

      Make _______________

*E. Has pest and dry rot, structural or

     “whole house: inspection been done

      within the last three
years?                                  [ ]Yes  [ ]No    [ ]Unknown

*F. Are there any moisture problems, areas of

      water penetration, mildew odors or other

      moisture conditions (especially in the

           
basement)?                                                                 
[ ]Yes  [ ]No    [ ]Unknown

*If yes, explain on attached sheet the frequency and

      extent of problem and any insurance claims,

      repairs or remediation done.

G.  Is there a sump pump on the property?                [
]Yes  [ ]No    [ ]Unknown

H.  Are there any materials used in the

      construction of the structure that are or

      have been the subject of a recall, class

      action suit, settlement or
litigation?                     [ ]Yes  [ ]No    [ ]Unknown

      If yes, what are the materials? ________

(1)  Are there problems with the materials?               [
]Yes  [ ]No    [ ]Unknown     [ ]NA

(2)  Are the materials covered by a warranty?           [
]Yes  [ ]No    [ ]Unknown     [ ]NA

(3)  Have the materials been inspected?                           
[ ]Yes  [ ]No    [ ]Unknown     [ ]NA

(4)  Have there ever been claims filed for these

      materials by you or by previous owners?             [
]Yes  [ ]No    [ ]Unknown     [ ]NA

      If yes, when? ________

(5)  Was money
received?                                          [ ]Yes  [
]No    [ ]Unknown     [ ]NA

(6)  Were any of the materials repaired or

           
replaced?                                                                  
   [ ]Yes  [ ]No    [ ]Unknown     [ ]NA6. DWELLING SYSTEMS AND FIXTURES

      If the following systems or fixtures are included

      in the purchase price, are they in good working

      order on the date this form is signed?

A. Electrical system, including wiring, switches,

      outlets and
service                                               [ ]Yes  [
]No    [ ]Unknown

B.  Plumbing system, including pipes, faucets,

      fixtures and
toilets                                               [ ]Yes  [
]No    [ ]Unknown

C.  Water heater
tank                                                 [ ]Yes  [
]No    [ ]Unknown

D.  Garbage
disposal                                                  [ ]Yes 
[ ]No    [ ]Unknown     [ ]NA

E.   Built-in range and
oven                                       [ ]Yes  [ ]No    [
]Unknown     [ ]NA

F.   Built-in
dishwasher                                              [ ]Yes  [
]No    [ ]Unknown     [ ]NA

G.  Sump
pump                                                          [
]Yes  [ ]No    [ ]Unknown     [ ]NA

H.  Heating and cooling
systems                               [ ]Yes  [ ]No    [
]Unknown     [ ]NA

I.    Security system [ ]Owned [ ]Leased                   [
]Yes  [ ]No    [ ]Unknown     [ ]NA

J.    Are there any materials or products used in

      the systems and fixtures that are or have

      been the subject of a recall, class action

      settlement or other
litigations?                             [ ]Yes  [ ]No    [
]Unknown

      If yes, what product? _______________

(1)  Are there problems with the
product?                             [ ]Yes  [ ]No    [ ]Unknown

(2)  Is the product covered by a warranty?                [
]Yes  [ ]No    [ ]Unknown

(3)  Has the product been inspected?                               
[ ]Yes  [ ]No    [ ]Unknown

(4)  Have claims been filed for this product

by you or by previous
owners?                            [ ]Yes  [ ]No    [ ]Unknown

      If yes, when? _______________

(5)  Was money
received?                                          [ ]Yes  [
]No    [ ]Unknown

(6)  Were any of the materials or products repaired

      or
replaced?                                                                
[ ]Yes  [ ]No    [ ]Unknown7. COMMON INTEREST

A. Is there a Home Owners’ Association

      or other governing
entity?                                    [ ]Yes  [ ]No    [
]Unknown

      Name of Association or Other Governing

      Entity _______________

      Contact Person __________________

      Address ______________________

      Phone Number __________________

B.  Regular periodic assessments: $_____

      per [ ]Month [ ]Year[ ]Other _____

*C.      Are there any pending or proposed special

           
assessments?                                                        
[ ]Yes  [ ]No    [ ]Unknown

D.  Are there shared “common areas: or joint

      maintenance agreements for facilities like

      walls, fences, pools, tennis courts, walkways

      or other areas co-owned in undivided interest

      with
others?                                                         [
]Yes  [ ]No    [ ]Unknown

E.   Is the Home Owners’ Association or other

      governing entity a party to pending litigation

      or subject to an unsatisfied judgment?                      
[ ]Yes  [ ]No    [ ]Unknown [ ]NA

F.   Is the property in violation of recorded

      covenants, conditions and restrictions or in

      violation of other bylaws or governing rules,

whether recorded or
not?                                     [ ]Yes  [ ]No    [
]Unknown [ ]NA8. GENERAL

A. Are there problems with settling, soil,

      standing water or drainage on the property

      or in the immediate
area?                                     [ ]Yes  [ ]No    [
]Unknown

B.  Does the property contain
fill?                            [ ]Yes  [ ]No    [ ]Unknown

C.  Is there any material damage to the property or

      any of the structure(s) from fire, wind, floods,

      beach movements, earthquake, expansive soils

      or
landslides?                                                             
[ ]Yes  [ ]No    [ ]Unknown

D.  Is the property in a designated floodplain?         [
]Yes  [ ]No    [ ]Unknown

E.   Is the property in a designated slide or other

      geologic hazard
zone?                                          [ ]Yes  [ ]No    [
]Unknown

*F. Has any portion of the property been tested

      or treated for asbestos, formaldehyde, radon

      gas, lead-based paint, mold, fuel or chemical

      storage tanks or contaminated soil or water?       [
]Yes  [ ]No    [ ]Unknown

G.  Are there any tanks or underground storage

      tanks (e.g., septic, chemical, fuel, etc.)

      on the
property?                                                   [
]Yes  [ ]No    [ ]Unknown

H.  Has the property ever been used as an illegal

      drug manufacturing or distribution site?             [
]Yes  [ ]No    [ ]Unknown

      *If yes, was a Certificate of Fitness issued?       [
]Yes  [ ]No    [ ]Unknown9. FULL DISCLOSURE BY SELLERS

*A.    Are there any other material defects

      affecting this property or its value

      that a prospective buyer should

      know
about?                                                        [
]Yes  [ ]No

      *If yes, describe the defect on attached sheet

      and explain the frequency and extent of the

      problem and any insurance claims, repairs or

      remediation.

B.  Verification:

The foregoing answers and attached explanations (if any) are
complete and correct to

the best of my/our knowledge and I/we have received a copy of this
disclosure statement.

I/we authorize my/our agents to deliver a copy of this disclosure
statement to all

prospective buyers of the property or their agents.Seller(s) signature:SELLER ______________________ DATE _______________SELLER ______________________ DATE __________________________________________________________________________________________
___II. BUYER’S ACKNOWLEDGMENTA. As buyer(s), I/we acknowledge the duty to pay diligent attention to
any material defects that are known to me/us or can be known by me/us by
utilizing diligent attention and observation.B. Each buyer acknowledges and understands that the disclosures set forth
in this statement and in any amendments to this statement are made only
by the seller and are not the representations of any financial
institution that may have made or may make a loan pertaining to the
property, or that may have or take a security interest in the property,
or of any real estate licensee engaged by the seller or buyer. A
financial institution or real estate licensee is not bound by and has no
liability with respect to any representation, misrepresentation,
omission, error or inaccuracy contained in another party’s disclosure
statement required by this section or any amendment to the disclosure
statement.C. Buyer (which term includes all persons signing the “buyer’s
acknowledgment” portion of this disclosure statement below) hereby
acknowledges receipt of a copy of this disclosure statement (including
attachments, if any) bearing seller’s signature(s).DISCLOSURES, IF ANY, CONTAINED IN THIS FORM ARE PROVIDED BY THE SELLER ON
THE BASIS OF SELLER’S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME OF
DISCLOSURE. IF THE SELLER HAS FILLED OUT SECTION 2 OF THIS FORM, YOU, THE
BUYER, HAVE FIVE DAYS FROM THE SELLER’S DELIVERY OF THIS DISCLOSURE
STATEMENT TO REVOKE YOUR OFFER BY DELIVERING YOUR SEPARATE SIGNED WRITTEN
STATEMENT OF REVOCATION TO THE SELLER DISAPPROVING THE SELLER’S
DISCLOSURE UNLESS YOU WAIVE THIS RIGHT AT OR PRIOR TO ENTERING INTO A
SALE AGREEMENT.BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS SELLER’S PROPERTY
DISCLOSURE STATEMENT.BUYER ______________________ DATE _______________BUYER ______________________ DATE _______________Agent receiving disclosure statement on buyer’s behalf to sign and date:______________________Real Estate Licensee______________________Real Estate FirmDate received by agent ___________________________________________________________________________________
___

[2003 c.328 §3](1) The provisions of ORS 105.462 to 105.490,
696.301 and 696.870:

(a) Apply to the real property described in subparagraphs (A) to
(D) of this paragraph unless the buyer indicates to the seller, which
indication shall be conclusive, that the buyer will use the real property
for purposes other than a residence for the buyer or the buyer’s spouse,
parent or child:

(A) Real property consisting of or improved by one to four dwelling
units;

(B) A condominium unit as defined in ORS 100.005 and not subject to
disclosure under ORS 100.705;

(C) A timeshare property as defined in ORS 94.803 and not subject
to disclosure under ORS 94.829; and

(D) A manufactured dwelling, as defined in ORS 446.003, that is
owned by the same person who owns the land upon which the manufactured
dwelling is situated.

(b) Do not apply to a leasehold in real property.

(2) Except as provided in ORS 105.475 (4), a seller shall complete,
sign and deliver a seller’s property disclosure statement as set forth in
ORS 105.464 to each buyer who makes a written offer to purchase real
property in this state. [1993 c.547 §1; 1997 c.816 §15; 1999 c.307 §24;
1999 c.677 §65; 2001 c.300 §74; 2003 c.328 §1]

(1) The first sale of a dwelling never occupied, provided that the
seller provides the buyer with the following statement on or before the
date the buyer is legally obligated to purchase the subject real
property: “THIS HOME WAS CONSTRUCTED OR INSTALLED UNDER BUILDING OR
INSTALLATION PERMIT(S) #___, ISSUED BY_____.”

(2) Sales by financial institutions that acquired the property as
custodian, agent or trustee, or by foreclosure or deed in lieu of
foreclosure.

(3) The following sellers, if appointed by a court:

(a) Receivers;

(b) Personal representatives;

(c) Trustees;

(d) Conservators; or

(e) Guardians.

(4) Sales or transfers by governmental agencies. [1993 c.547 §7;
1995 c.198 §1; 2003 c.328 §5] (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.

(2) If a buyer fails to timely deliver to a seller a written
statement revoking the buyer’s offer, the buyer’s right to revoke the
buyer’s offer expires.

(3) If a buyer closes the transaction, the buyer’s right to revoke
based on ORS 105.462 to 105.490, 696.301 and 696.870 is terminated.

(4) If the seller fails or refuses to provide a seller’s property
disclosure statement as required under this section, the buyer shall have
a right of revocation until the right is terminated pursuant to
subsection (3) of this section.

(5) If the buyer revokes the offer pursuant to this section,
notwithstanding ORS 696.581, the buyer is entitled to immediate return of
all deposits and other considerations delivered to any party or escrow
agent with respect to the buyer’s offer, and the buyer’s offer is void.

(6) When the deposits and other considerations have been returned
to the buyer, upon the buyer’s signed, written release and
indemnification of the holders of the deposits and other considerations,
the holders are released from all liability for the deposits and other
considerations.

(7) Any seller’s property disclosure statement issued by the seller
is part of and incorporated into the offer and the acceptance. [1993
c.547 §§2,3; 2003 c.328 §6] (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:

(a) A financial institution that may have made or that may make a
loan pertaining to the property covered by a seller’s property disclosure
statement, or that may have or take a security interest in the property
covered by a seller’s property disclosure statement.

(b) A real estate licensee engaged by the seller or buyer.

(2) Neither a financial institution nor a real estate licensee is
bound by or has any liability with respect to any representation,
misrepresentation, omission, error or inaccuracy contained in the
seller’s property disclosure statement required by ORS 105.465 or any
amendment to the disclosure statement. [1993 c.547 §4b; 1997 c.631 §400;
2001 c.300 §69; 2003 c.328 §7] 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] 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] If the order to abate
provided for in ORS 105.505 is made, the clerk shall when requested by
the plaintiff within six months after the order is made, issue a warrant
directed to the sheriff, requiring the sheriff forthwith to abate the
nuisance at the expense of the defendant and to return the warrant as
soon thereafter as possible, with the proceedings of the sheriff indorsed
thereon. The expense of abating the nuisance may be levied by the sheriff
on the property of the defendant and in this respect the warrant is to be
deemed an execution against property. 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]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.ABATEMENT OF NUISANCE ACTIVITIES OR CONDITIONS As used in ORS
105.550 to 105.600, unless the context requires otherwise:

(1) “Of record” means:

(a) With regard to real property, that an owner’s interest is
recorded in the public records provided for by Oregon statutes where the
owner’s interest must be recorded to perfect a lien or security interest
or provide constructive notice of the owner’s interest; or

(b) With regard to personal property, that an owner’s interest is
recorded in the public records under any applicable state or federal law
where the owner’s interest must be recorded to perfect a lien or security
interest, or provide constructive notice of the owner’s interest.

(2) “Owner” means a person having any legal or equitable interest
in property, including, but not limited to, a purchaser, lienholder or
holder of any security interest in such property.

(3) “Place” or “property” includes, but is not limited to, any
premises, room, house, building or structure or any separate part or
portion thereof whether permanent or not or the ground itself or any
conveyance or any part or portion thereof. [1989 c.846 §2; 1999 c.168 §6] (1) The
following are declared to be nuisances and shall be enjoined and abated
as provided in ORS 105.550 to 105.600:

(a) Any place that, as a regular course of business, is used for
the purpose of prostitution and any place where acts of prostitution
occur;

(b) Any place that is used and maintained for profit and for the
purpose of gambling or a lottery, as defined in ORS 167.117, by any
person, partnership or corporation organized for profit and wherein take
place any of the acts or wherein are kept, stored or located any of the
games, devices or things that are forbidden by or made punishable by ORS
167.108 to 167.164;

(c) Any place that has been determined to be not fit for use under
ORS 453.876 and that has not been decontaminated and certified as fit for
use under ORS 453.885 within 180 days after the determination under ORS
453.876; and

(d) Any place where activity involving the unauthorized delivery,
manufacture or possession of a controlled substance, as defined in ORS
475.005, occurs or any place wherein are kept, stored or located any of
the devices, equipment, things or substances used for unauthorized
delivery, manufacture or possession of a controlled substance. As used in
this paragraph, “devices, equipment, things” does not include hypodermic
syringes or needles. This paragraph does not apply to acts that
constitute violations under ORS 475.860 or 475.864.

(2) Nothing in ORS 105.550 to 105.600, 166.715 and 167.158 applies
to property to the extent that the devices, equipment, things or
substances that are used for delivery, manufacture or possession of a
controlled substance are kept, stored or located in or on the property
for the purpose of lawful sale or use of these items. [1989 c.846 §3;
1989 c.915 §24; 1999 c.168 §7; 2005 c.706 §1; 2005 c.708 §43](1) An action to restrain or enjoin a nuisance described in ORS
105.555 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.

(2) In addition to any other remedy that may be available under ORS
105.550 to 105.600, a plaintiff in an action brought to restrain or
enjoin a nuisance described in ORS 105.555 may seek damages for mental
suffering, emotional distress, inconvenience and interference with the
use of property suffered by the plaintiff by reason of the activities
constituting a nuisance.

(3) The court may award reasonable attorney fees to the prevailing
party in an action under ORS 105.550 to 105.600 unless the action is
commenced and tried in the small claims department of circuit court.
Attorney fees may not be awarded to any party in an action under ORS
105.550 to 105.600 that is commenced and tried in the small claims
department of circuit court.

(4) The court may consolidate all actions that relate to the same
property and that are brought to restrain or enjoin a nuisance described
in ORS 105.555. Consolidation in the small claims department of a circuit
court shall be for purposes of trial only. A separate judgment shall be
entered for each action in the small claims department of circuit court.

(5) An action may not be brought in the small claims department of
a circuit court to restrain or enjoin a nuisance described in ORS 105.555
if the property alleged to be a nuisance is licensed under ORS chapter
471 or 472. [1989 c.846 §4; 1999 c.168 §1]Note: The provisions of ORS chapter 472 were repealed by sections
12 and 41, chapter 351, Oregon Laws 1999. The text of 105.560 was not
amended by enactment of the Legislative Assembly to reflect the repeal.
Editorial adjustment of 105.560 for the repeal of ORS chapter 472 has not
been made.(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).

(2) The complaint shall be served on owners of record as provided
in ORCP 7. No service need be made prior to an application for a
temporary restraining order, provided the procedures of ORCP 79 B are
followed with regard to all persons entitled to service under this
section.

(3) Except in those cases tried in the small claims department of a
circuit court, any party may demand a trial by jury in any action brought
under ORS 105.550 to 105.600.

(4) On the issue of whether property is used in violation of ORS
105.555, evidence of its general reputation and the reputation of persons
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
(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.

(2) The order of abatement may direct the effectual closing of the
premises, building or place against its use for any purpose, and so
keeping it closed for a period of one year, unless sooner released. The
court shall not include provisions for the closing of the premises under
the provisions of this subsection unless that relief is specifically
requested in the complaint.

(3) The court, if satisfied of an owner’s good faith, shall enter
no order of abatement as to that owner if the court finds that the owner:

(a) Had no knowledge of the existence of the nuisance or has been
making reasonable efforts to abate the nuisance;

(b) Has not been guilty of any contempt of court in the
proceedings; and

(c) Will make best efforts to immediately abate any nuisance that
may exist and prevent it from being a nuisance for a period of one year
thereafter.

(4) Except for an order of abatement entered based on the
manufacture of a controlled substance, if an order of abatement has been
entered and an owner subsequently meets the requirements of this section,
the order of abatement shall be canceled as to that owner.

(5) If the court enters an order under this section on the basis
that the property was used for the manufacture of a controlled substance,
the court shall send a copy of the order to the Director of Human
Services. The director or the director’s designee shall declare the
property to be an illegal drug manufacturing site for purposes of ORS
453.855 to 453.912. An order of the court under this section shall not be
canceled until the director or the director’s designee determines the
property to be fit for use. Upon determining the property to be fit for
use, the director or designee shall notify the court, which shall cancel
the abatement order. [1989 c.846 §7; 1997 c.769 §1; 1999 c.168 §3; 2003
c.576 §238](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. A lien created by ORS 105.550 to 105.600 is
prior and superior to all other liens, mortgages and encumbrances against
the property upon which the lien is imposed which attached to the
property after any lien imposed by ORS 105.550 to 105.600.

(2) A notice of pendency of an action may be filed pursuant to ORS
93.740 with respect to any action filed under ORS 105.550 to 105.600.
[1989 c.846 §8; 1999 c.168 §4]An intentional violation of a restraining order,
preliminary injunction or order of abatement under ORS 105.550 to 105.600
is punishable as a contempt of court by a fine of not more than $1,000
which may not be waived, or by imprisonment for not more than six months
or by both. [1989 c.846 §9; 1999 c.168 §9]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] 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. 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. 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] (1) A person may
acquire fee simple title to real property by adverse possession only if:

(a) The person and the predecessors in interest of the person have
maintained actual, open, notorious, exclusive, hostile and continuous
possession of the property for a period of 10 years;

(b) At the time the person claiming by adverse possession or the
person’s predecessors in interest, first entered into possession of the
property, the person entering into possession had the honest belief that
the person was the actual owner of the property and that belief:

(A) By the person and the person’s predecessor in interest,
continued throughout the vesting period;

(B) Had an objective basis; and

(C) Was reasonable under the particular circumstances; and

(c) The person proves each of the elements set out in this section
by clear and convincing evidence.

(2)(a) A person maintains “hostile possession” of property if the
possession is under claim of right or with color of title. “Color of
title” means the adverse possessor claims under a written conveyance of
the property or by operation of law from one claiming under a written
conveyance.

(b) Absent additional supporting facts, the grazing of livestock is
insufficient to satisfy the requirements of subsection (1)(a) of this
section.

(3) As used in this section and ORS 105.005 and 105.615, “person”
includes, but is not limited to, the state and its political subdivisions
as created by statute. [1989 c.1069 §1; 1991 c.109 §2; 1999 c.950 §1]UNIFORM DISCLAIMER OF PROPERTY INTERESTSORS 105.623 to 105.649 may be cited as the
Uniform Disclaimer of Property Interests Act. [2001 c.245 §1] As used in ORS
105.623 to 105.649:

(1) “Disclaimant” means the person to whom a disclaimed interest or
power would have passed had the disclaimer not been made.

(2) “Disclaimed interest” means the interest that would have passed
to the disclaimant had the disclaimer not been made.

(3) “Disclaimer” means the refusal to accept an interest in
property or a power over property.

(4) “Fiduciary” means a personal representative, trustee, agent
acting under a power of attorney or other person authorized to act as a
fiduciary with respect to the property of another person.

(5) “Jointly held property” means property held in the name of two
or more persons under an arrangement pursuant to which:

(a) All holders have concurrent interests; and

(b) The last surviving holder is entitled to the whole of the
property.

(6) “Person” means an individual, corporation, business trust,
estate, trust, partnership, limited liability company, association, joint
venture, government, governmental subdivision, agency, public corporation
or any other legal or commercial entity.

(7) “State” means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands or any territory
or insular possession subject to the jurisdiction of the United States.
The term includes an Indian tribe or band, or Alaskan native village,
recognized by federal law or formally acknowledged by another state.

(8) “Trust” means:

(a) A charitable or noncharitable express trust, including any
additions made to the trust, whenever and however created; and

(b) A trust created pursuant to a statute or judgment that requires
the trust to be administered in the same manner as an express trust.
[2001 c.245 §2; 2003 c.576 §369]ORS 105.623 to 105.649 apply to disclaimers of any
interest in or power over property without regard to when the interest or
power that is disclaimed was created. [2001 c.245 §3] (1) Unless displaced by a provision of
ORS 105.623 to 105.649, the principles of law and equity supplement ORS
105.623 to 105.649.

(2) ORS 105.623 to 105.649 do not limit any right of a person to
waive, release, disclaim or renounce an interest in property, or power
over property, under a law other than ORS 105.623 to 105.649. [2001 c.245
§4]
(1) A person may disclaim, in whole or part, any interest in property or
any power over property, including a power of appointment. A person may
disclaim the interest or power even if the person who created the
interest or power imposed a spendthrift provision or similar restriction
on transfer or imposed a restriction or limitation on the right to
disclaim.

(2) Except to the extent that a fiduciary’s right to disclaim is
expressly restricted or limited by another statute of this state or by
the instrument creating the fiduciary relationship, a fiduciary may
disclaim, in whole or part, any interest in property or power over
property, including a power of appointment, without regard to whether the
fiduciary is acting in a personal or representative capacity. A fiduciary
may disclaim the interest or power even if the creator of the interest or
power imposed a spendthrift provision or similar restriction on transfer
or a restriction or limitation on the right to disclaim, or an instrument
other than the instrument that created the fiduciary relationship imposed
a restriction or limitation on the right to disclaim.

(3) To be effective, a disclaimer must:

(a) Be in writing or otherwise recorded by inscription on a
tangible medium or by storage in an electronic or other medium in a
manner that allows the disclaimer to be retrieved in perceivable form;

(b) Declare that the person disclaims the interest in the property
or in the power;

(c) Describe the interest in property or power over property that
is disclaimed;

(d) Be signed by the person making the disclaimer; and

(e) Be delivered or filed in the manner provided in ORS 105.642.

(4) A partial disclaimer may be expressed as a fraction,
percentage, monetary amount, term of years, limitation of a power or as
any other interest or estate in the property.

(5) A disclaimer is irrevocable when the disclaimer is delivered or
filed pursuant to ORS 105.642 or when the disclaimer becomes effective as
provided in ORS 105.633 to 105.641, whichever occurs later.

(6) A disclaimer made under ORS 105.623 to 105.649 is not a
transfer, assignment or release. [2001 c.245 §5] (1) For the purposes of
this section:

(a) “Time of distribution” means the time when a disclaimed
interest would have taken effect through possession or enjoyment.

(b) “Future interest” means an interest that takes effect through
possession or enjoyment, if at all, at a time later than the time that
the interest is created.

(2) Except for a disclaimer governed by ORS 105.634 or 105.636, the
following rules apply to a disclaimer of an interest in property:

(a) The disclaimer takes effect when the instrument creating the
interest becomes irrevocable or, if the interest arises under the law of
intestate succession, when the decedent dies.

(b) The disclaimed interest passes according to any provision in
the instrument creating the interest providing for the disposition of the
specific interest in the event the interest is disclaimed, or according
to any provision in the instrument creating the interest providing for
the disposition of interests in general in the event the interests
created by the instrument are disclaimed.

(c) If the instrument creating the interest does not contain a
provision described in subsection (2) of this section, the following
rules apply:

(A) If the disclaimant is an individual, the disclaimed interest
passes as if the disclaimant had died immediately before the time of
distribution. However, if by law or under the instrument the descendants
of the disclaimant would share in the disclaimed interest by any method
of representation had the disclaimant died before the time of
distribution, the disclaimed interest passes only to the descendants of
the disclaimant who survive the time of distribution.

(B) If the disclaimant is not an individual, the disclaimed
interest passes as if the disclaimant did not exist.

(d) Upon the disclaimer of a preceding interest, a future interest
held by a person other than the disclaimant takes effect as if the
disclaimant had died or ceased to exist immediately before the time of
distribution, but a future interest held by the disclaimant is not
accelerated in possession or enjoyment. [2001 c.245 §6](1) Upon the death of a holder of jointly held property, a
surviving holder may disclaim, in whole or part, the greater of:

(a) A fractional share of the property determined by dividing the
number one by the number of joint holders alive immediately before the
death of the holder to whose death the disclaimer relates; or

(b) All of the property except that part of the value of the entire
interest attributable to the contribution furnished by the disclaimant.

(2) A disclaimer under subsection (1) of this section takes effect
upon the death of the holder of jointly held property to whose death the
disclaimer relates.

(3) An interest in jointly held property disclaimed by a surviving
holder of the property passes as if the disclaimant predeceased the
holder to whose death the disclaimer relates. [2001 c.245 §7] If a trustee disclaims
an interest in property that otherwise would have become trust property,
the interest does not become trust property. [2001 c.245 §8]If a holder disclaims a power of appointment or
other power not held in a fiduciary capacity, the following rules apply:

(1) If the holder has not exercised the power, the disclaimer takes
effect as of the time the instrument creating the power becomes
irrevocable.

(2) If the holder has exercised the power and the disclaimer is of
a power other than a presently exercisable general power of appointment,
the disclaimer takes effect immediately after the last exercise of the
power.

(3) The instrument creating the power is construed as if the power
expired when the disclaimer became effective. [2001 c.245 §9](1) A disclaimer of an interest in
property by an appointee of a power of appointment takes effect as of the
time the instrument by which the holder exercises the power becomes
irrevocable.

(2) A disclaimer of an interest in property by a person who is an
object of an exercise of a power of appointment, or by a person who is a
taker in default of an exercise of a power of appointment, takes effect
as of the time the instrument creating the power becomes irrevocable.
[2001 c.245 §10] (1) If a
fiduciary disclaims a power held in a fiduciary capacity that has not
been exercised, the disclaimer takes effect as of the time the instrument
creating the power becomes irrevocable.

(2) If a fiduciary disclaims a power held in a fiduciary capacity
that has been exercised, the disclaimer takes effect immediately after
the last exercise of the power.

(3) A disclaimer under this section applies to another fiduciary if
the disclaimer so provides and the fiduciary disclaiming has the
authority to bind the estate, trust or other person for whom the
fiduciary is acting. [2001 c.245 §11] (1) As used in this section,
“beneficiary designation” means an instrument, other than an instrument
creating a trust, naming the beneficiary of:

(a) An annuity or insurance policy;

(b) An account with a designation for payment on death;

(c) A security registered in beneficiary form;

(d) A pension, profit-sharing, retirement or other
employment-related benefit plan; or

(e) Any other nonprobate transfer at death.

(2) Subject to subsections (3) to (12) of this section, delivery of
a disclaimer may be made by personal delivery, first class mail or any
other method likely to result in receipt of the disclaimer.

(3) If the interest to be disclaimed is created under the law of
intestate succession or an interest created by will, other than an
interest in a testamentary trust:

(a) A disclaimer must be delivered to the personal representative
of the decedent’s estate; or

(b) If a personal representative is not serving at the time the
disclaimer is made, the disclaimer must be filed with a court having
authority to appoint the personal representative.

(4) In the case of an interest in a testamentary trust:

(a) A disclaimer must be delivered to the trustee;

(b) If a trustee is not serving at the time the disclaimer is made
but a personal representative for the decedent’s estate is serving, the
disclaimer must be delivered to the personal representative; or

(c) If neither a trustee nor a personal representative is serving
at the time the disclaimer is made, the disclaimer must be filed with a
court having authority to enforce the trust.

(5) In the case of an interest in an inter vivos trust:

(a) A disclaimer must be delivered to the trustee serving at the
time the disclaimer is made;

(b) If a trustee is not serving at the time the disclaimer is made,
the disclaimer must be filed with a court having authority to enforce the
trust; or

(c) If the disclaimer is made before the time the instrument
creating the trust becomes irrevocable, the disclaimer must be delivered
to the settlor of a revocable trust or the transferor of the interest.

(6) In the case of an interest created by a beneficiary designation
made before the time the designation becomes irrevocable, a disclaimer
must be delivered to the person making the beneficiary designation.

(7) In the case of an interest created by a beneficiary designation
made after the time the designation becomes irrevocable, a disclaimer
must be delivered to the person obligated to distribute the interest.

(8) In the case of a disclaimer by a surviving holder of jointly
held property, the disclaimer must be delivered to the person to whom the
disclaimed interest passes.

(9) In the case of a disclaimer by a person who is an object of an
exercise of a power of appointment or a taker in default of an exercise
of a power of appointment at any time after the power was created:

(a) The disclaimer must be delivered to the holder of the power or
to the fiduciary acting under the instrument that created the power; or

(b) If a fiduciary is not serving at the time the disclaimer is
made, the disclaimer must be filed with a court having authority to
appoint the fiduciary.

(10) In the case of a disclaimer by an appointee of a nonfiduciary
power of appointment:

(a) The disclaimer must be delivered to the holder of the power,
the personal representative of the holder’s estate or to the fiduciary
under the instrument that created the power; or

(b) If a fiduciary is not serving at the time the disclaimer is
made, the disclaimer must be filed with a court having authority to
appoint the fiduciary.

(11) In the case of a disclaimer by a fiduciary of a power over a
trust or estate, the disclaimer must be delivered as provided in
subsection (3), (4) or (5) of this section as if the power disclaimed
were an interest in property.

(12) In the case of a disclaimer of a power by an agent, the
disclaimer must be delivered to the principal or the principal’s
representative. [2001 c.245 §12] (1) A disclaimer is
barred by a written waiver of the right to disclaim.

(2) A disclaimer of an interest in property is barred if any of the
following events occurs before the disclaimer becomes effective:

(a) The disclaimant accepts the interest sought to be disclaimed;

(b) The disclaimant voluntarily assigns, conveys, encumbers,
pledges or transfers the interest sought to be disclaimed or contracts to
do so; or

(c) The interest sought to be disclaimed is sold pursuant to a
judicial sale.

(3) A disclaimer, in whole or part, of the future exercise of a
power held in a fiduciary capacity is not barred by the previous exercise
of the power.

(4) A disclaimer, in whole or part, of the future exercise of a
power not held in a fiduciary capacity is not barred by its previous
exercise unless the power is exercisable in favor of the disclaimant.

(5) A disclaimer is barred or limited if so provided by a law other
than ORS 105.623 to 105.649.

(6) A disclaimer of a power over property that is barred under this
section is ineffective. A disclaimer of an interest in property that is
barred under this section takes effect as a transfer of the interest
disclaimed to the persons who would have taken the interest under ORS
105.623 to 105.649 had the disclaimer not been barred. [2001 c.245 §13] Notwithstanding any other
provision of ORS 105.623 to 105.649, if as a result of a disclaimer or
transfer the disclaimed or transferred interest is treated pursuant to
the provisions of the Internal Revenue Code and the regulations
promulgated under that code, as in effect on January 1, 2002, as never
having been transferred to the disclaimant, then the disclaimer or
transfer is effective as a disclaimer under ORS 105.623 to 105.649. [2001
c.245 §14] If an instrument transferring an
interest in property or a power over property that is subject to a
disclaimer is required or permitted by law to be filed, recorded or
registered, the disclaimer may be so filed, recorded or registered.
Failure to file, record or register the disclaimer does not affect the
validity of the disclaimer as between the disclaimant and persons to whom
the property interest or power passes by reason of the disclaimer. [2001
c.245 §15] Except as otherwise
provided in ORS 105.643, an interest in property or power over property
existing on January 1, 2002, may be disclaimed in the manner provided by
ORS 105.623 to 105.649 after January 1, 2002, unless the time for
delivering or filing a disclaimer had expired under law in effect
immediately before January 1, 2002. [2001 c.245 §16]
ORS 105.623 to 105.649 do not allow any person to disclaim an interest in
property, including any jointly held property, if the purpose or effect
of the disclaimer is to prevent recovery of money or property under ORS
411.620. [2001 c.245 §17] In applying and
construing ORS 105.623 to 105.649, consideration must be given to the
need to promote uniformity of the law with respect to disclaimers among
states that enact versions of the Uniform Disclaimer of Property
Interests Act. [2001 c.245 §18]PUBLIC USE OF LANDS As used in ORS
105.672 to 105.696:

(1) “Charge” means the admission price or fee asked by any owner in
return for permission to enter or go upon the owner’s land.

(2) “Harvest” has that meaning given in ORS 164.813.

(3) “Land” includes all real property, whether publicly or
privately owned.

(4) “Owner” means the possessor of any interest in any land,
including but not limited to possession of a fee title. “Owner” includes
a tenant, lessee, occupant or other person in possession of the land.

(5) “Recreational purposes” includes, but is not limited to,
outdoor activities such as hunting, fishing, swimming, boating, camping,
picnicking, hiking, nature study, outdoor educational activities,
waterskiing, winter sports, viewing or enjoying historical,
archaeological, scenic or scientific sites or volunteering for any public
purpose project.

(6) “Special forest products” has that meaning given in ORS 164.813.

(7) “Woodcutting” means the cutting or removal of wood from land by
an individual who has obtained permission from the owner of the land to
cut or remove wood. [1995 c.456 §1] The Legislative Assembly hereby declares it
is the public policy of the State of Oregon to encourage owners of land
to make their land available to the public for recreational purposes, for
woodcutting and for the harvest of special forest products by limiting
their liability toward persons entering thereon for such purposes and by
protecting their interests in their land from the extinguishment of any
such interest or the acquisition by the public of any right to use or
continue the use of such land for recreational purposes, woodcutting or
the harvest of special forest products. [1995 c.456 §2](1) Except as provided by subsection (2) of this section, and subject to
the provisions of ORS 105.688, an owner of land is not liable in contract
or tort for any personal injury, death or property damage that arises out
of the use of the land for recreational purposes, woodcutting or the
harvest of special forest products when the owner of land either directly
or indirectly permits any person to use the land for recreational
purposes, woodcutting or the harvest of special forest products. The
limitation on liability provided by this section applies if the principal
purpose for entry upon the land is for recreational purposes, woodcutting
or the harvest of special forest products, and is not affected if the
injury, death or damage occurs while the person entering land is engaging
in activities other than the use of the land for recreational purposes,
woodcutting or the harvest of special forest products.

(2) This section does not limit the liability of an owner of land
for intentional injury or damage to a person coming onto land for
recreational purposes, woodcutting or the harvest of special forest
products. [1995 c.456 §3](1) Except as specifically provided in ORS 105.672 to
105.696, the immunities provided by ORS 105.682 apply to:

(a) All public and private lands, including but not limited to
lands adjacent or contiguous to any bodies of water, watercourses or the
ocean shore as defined by ORS 390.605;

(b) All roads, bodies of water, watercourses, rights of way,
buildings, fixtures and structures on the lands described in paragraph
(a) of this subsection; and

(c) All machinery or equipment on the lands described in paragraph
(a) of this subsection.

(2) The immunities provided by ORS 105.682 apply only if:

(a) The owner makes no charge for permission to use the land;

(b) The owner transfers an easement to a public body to use the
land; or

(c) The owner charges no more than $75 per cord for permission to
use the land for woodcutting. [1995 c.456 §4; 1999 c.872 §7; 2001 c.206
§1](1) An owner
of land who either directly or indirectly permits any person to use the
land for recreational purposes, woodcutting or the harvest of special
forest products does not give that person or any other person a right to
continued use of the land for those purposes without the consent of the
owner.

(2) The fact that an owner of land allows the public to use the
land for recreational purposes, woodcutting or the harvest of special
forest products without posting, fencing or otherwise restricting use of
the land does not raise a presumption that the landowner intended to
dedicate or otherwise give over to the public the right to continued use
of the land.

(3) Nothing in this section shall be construed to diminish or
divert any public right to use land for recreational purposes acquired by
dedication, prescription, grant, custom or otherwise existing before
October 5, 1973.

(4) Nothing in this section shall be construed to diminish or
divert any public right to use land for woodcutting acquired by
dedication, prescription, grant, custom or otherwise existing before
October 3, 1979. [1995 c.456 §5]ORS 105.672 to 105.696 do not:

(1) Create a duty of care or basis for liability for personal
injury, death or property damage resulting from the use of land for
recreational purposes, for woodcutting or for the harvest of special
forest products.

(2) Relieve a person using the land of another for recreational
purposes, woodcutting or the harvest of special forest products from any
obligation that the person has to exercise care in use of the land in the
activities of the person or from the legal consequences of failure of the
person to exercise that care. [1995 c.456 §6] The State Forester, under
the general supervision of the State Board of Forestry, may adopt any
rules considered necessary for the administration of the provisions of
ORS 105.672 to 105.696 on state land. [1979 c.434 §8; 1995 c.456 §7](1) In addition to and not in lieu of any other
damages that may be claimed, a plaintiff who is a landowner shall receive
liquidated damages in an amount not to exceed $1,000 in any action in
which the plaintiff establishes that:

(a) The plaintiff closed the land of the plaintiff as provided in
subsection (2) of this section; and

(b) The defendant entered and remained upon the land of the
plaintiff without the permission of the plaintiff.

(2) A landowner or an agent of the landowner may close the
privately owned land of the landowner by posting notice as follows:

(a) For land through which the public has no right of way, the
landowner or agent must place a notice at each outer gate and normal
point of access to the land, including both sides of a body of water that
crosses the land wherever the body of water intersects an outer boundary
line. The notice must be placed on a post, structure or natural object in
the form of a sign or a blaze of paint. If a blaze of paint is used, it
must consist of at least 50 square inches of fluorescent orange paint,
except that when metal fence posts are used, approximately the top six
inches of the fence post must be painted. If a sign is used, the sign:

(A) Must be no smaller than eight inches in height and 11 inches in
width;

(B) Must contain the words “Closed to Entry” or words to that
effect in letters no less than one inch in height; and

(C) Must display the name, business address and phone number, if
any, of the landowner or agent of the landowner.

(b) For land through which or along which the public has an
unfenced right of way by means of a public road, the landowner or agent
must place:

(A) A conspicuous sign no closer than 30 feet from the center line
of the roadway where it enters the land, containing words substantially
similar to “PRIVATE PROPERTY, NO TRESPASSING OFF ROAD NEXT _____ MILES”;
or

(B) A sign or blaze of paint, as described in paragraph (a) of this
subsection, no closer than 30 feet from the center line of the roadway at
regular intervals of not less than one-fourth mile along the roadway
where it borders the land, except that a blaze of paint may not be placed
on posts where the public road enters the land.

(3) Nothing contained in this section prevents emergency or law
enforcement vehicles from entering upon the posted land.

(4) An award of liquidated damages under this section is not
subject to ORS 31.725, 31.730 or 31.735.

(5) Nothing in this section affects any other remedy, civil or
criminal, that may be available for a trespass described in this section.
[1999 c.933 §1]ACTION TO ESTABLISH BOUNDARY (1) When any
dispute or controversy exists between owners of adjacent or contiguous
lands in this state, concerning the boundary lines thereof, or the
location of the line dividing such lands, any party to the dispute or
controversy may bring an action in the circuit court in the county where
all or part of the lands are situated, for the purpose of having the
controversy or dispute determined, and the boundary line or dividing line
ascertained and marked by proper monuments upon the ground where such
line is ascertained.

(2) Upon final determination of the dispute by the court, the clerk
of the court shall file one copy of the judgment in the office of the
county surveyor, one copy in the office of the county assessor and one
copy in the office of the county officer who keeps the records of deeds
for recording in the county deed records. [Amended by 1965 c.24 §1; 1979
c.284 §97] The complaint in a boundary suit is sufficient
if it appears therefrom that the plaintiff and defendant are owners of
adjacent lands, some part of which is in the county in which the suit is
brought and that there is a controversy or dispute between the parties
concerning their boundary or dividing line. It shall not be necessary to
set forth the nature of the dispute or controversy except that the
plaintiff shall describe the boundary or dividing line as the plaintiff
claims it to be. The defendant in the answer shall set forth the nature
of the claim of the defendant with reference to the location of the line
in controversy. The mode of proceeding in a boundary
action is analogous to that of an action not triable by right to a jury.
At the time of entering the judgment fixing the true location of the
disputed boundary or dividing line the court shall appoint three
disinterested commissioners, one of whom shall be a registered
professional land surveyor, and shall direct the commissioners to go upon
the land of the parties and establish and mark out upon the grounds, by
proper monuments, the boundary or dividing line as ascertained and
determined by the court in its judgment. The monuments shall be
established by or under the direct supervision of the registered
professional land surveyor who shall file a record of survey, complying
with ORS 209.250, with the county surveyor. [Amended by 1979 c.284 §98;
1991 c.150 §1]If the proceeding in a boundary action involves the location of a
public land survey corner as defined by ORS 209.250 (3), the court shall
determine the location of the public land survey corner by the following
method:

(1) The court shall appoint three disinterested commissioners who
are registered professional land surveyors, one of whom shall be the
county surveyor of the county in which the action is brought, and shall
direct the commissioners to go upon the land of the parties and establish
and mark out upon the ground the true and correct location of the corner
in accordance with ORS 209.070. If the county surveyor of the county in
which the action is brought is interested in any tract of land, the title
of which is in dispute before the court, the court shall appoint the
county surveyor of an adjacent county to serve in lieu of the interested
county surveyor.

(2) The three commissioners shall establish and monument the true
location of the corner in accordance with the current United States
Manual of Surveying Instructions. The monument set shall be in accordance
with the standards of the county surveyor of the county in which the
corner is located. For the purposes of ORS 672.002 (9)(b), the county
surveyor shall be the person in “responsible charge” and shall affix a
seal and signature to any plat or report prepared.

(3) The county surveyor shall be responsible for the preparation
and filing of the survey in accordance with ORS 209.250.

(4) The corner, when properly established by the commission, shall
be recognized by the court as the legal and permanent corner. The
decision of the commission is not subject to appeal.

(5) The costs for the services of the three commissioners shall be
paid by either the plaintiff or the defendant, or both, as determined by
the court. [1991 c.150 §2; 1997 c.210 §10; 2005 c.445 §11] Before entering upon the
discharge of their duties, the commissioners shall make and file their
oath in writing to faithfully and impartially perform their duties as
commissioners. After designating the boundary or dividing line by proper
marks and monuments they shall file in the court a report of their doings
as commissioners, and the report shall be, when approved or confirmed by
the court, a part of the trial court file, as defined in ORS 19.005.
[Amended by 1967 c.471 §3] The report of the
commissioners may be confirmed by the court upon written motion of either
party to the suit whenever it appears to the court that the motion was
served upon the adverse party two days before the presentation thereof
and no exceptions have been filed to the report within two days after the
service. If exceptions are filed to the report, they may be heard with
the motion to confirm, and the court may confirm, modify or set aside the
report as is just, and in the latter case may appoint a new commission or
refer the matter to the same commissioners with appropriate instructions.ACTIONS BASED ON CHANGE OF GRADE(1) As used in this section, “public road” means a road used
by the general public, whether designated as a state highway, county or
district road or otherwise, but does not include city streets under ORS
105.760.

(2) Whenever the Department of Transportation changes the grade of
any public road from a previously established or maintained grade, the
state shall be liable for and shall pay just and reasonable compensation
for any legal damage or injury to real property abutting upon the public
road affected by the grade change; except that the state shall not be
liable for any damage or injury for any such change whenever the county
has requested the Department of Transportation to make such change.

(3) Any person having any right, title or interest in any such real
property has a cause of action against the state to enforce payment of
the compensation. Any such action may be commenced and maintained in the
circuit court for the county in which the real property is situated. Any
party to any such action has the right to appeal as in other civil
actions from a judgment of any circuit court. Any person having or
claiming any right, title or interest in such real property may join as
party plaintiff or may intervene in any action involving the real
property in which the interest is claimed.

(4) The trial circuit court shall, in its general judgment,
apportion such just compensation as it may award among the various
persons found by it to own or have some right, title or interest in such
real property. The awarded compensation shall be apportioned according to
the rules of law governing the distribution of awards made when real
property is taken under the power of eminent domain.

(5) The liability of the state terminates wholly when it pays into
court the sums determined by the circuit court to be just compensation.
Any cause of action granted by this section is barred unless such action
is commenced within six months after the change of grade is physically
completed and accepted by the Department of Transportation. [1961 c.510
§1; 1973 c.197 §5; 2003 c.576 §239](1) If consent is
given by the governing body of any city to change any grade of any street
as such grade has been established or maintained by the consenting city
and pursuant thereto the Department of Transportation or a county changes
the grade, the state or the county, whichever makes such change of grade,
shall be liable for and shall pay just and reasonable compensation for
any damage or injury to any real property abutting upon the road or
street affected by the grade change.

(2) Any person having any right, title or interest in any such real
property has a cause of action against the state or against the county to
enforce payment of the compensation. Any such action may be commenced and
maintained in the circuit court for the county in which the real property
is situated. Any party to any such action has the right to appeal as in
any other civil action from a judgment of any circuit court. Any person
having or claiming any right, title or interest in such real property may
join as party plaintiff or may intervene in any action involving the real
property in which the interest is claimed.

(3) The trial circuit court shall, in its general judgment,
apportion such just compensation as it may award among the various
persons found by it to own or have some right, title or interest in such
real property. The awarded compensation shall be apportioned according to
the rules of law governing the distribution of awards made when real
property is taken under the power of eminent domain.

(4) The liability of the state or the liability of the county, as
the case may be, terminates wholly when it pays into court the sums
determined by the circuit court to be just compensation. Any cause of
action granted by this section is barred unless such action is commenced
within six months after the change of grade is physically completed and
accepted by the Department of Transportation or the county. [Formerly
373.040; 1973 c.197 §6; 2003 c.576 §240]EXTINGUISHMENT OF FUTURE INTERESTS (1)
A special limitation or a condition subsequent, which restricts a fee
simple estate in land, and the possibility of reverter or right of entry
for condition broken thereby created, shall, if the specified contingency
does not occur within 30 years after the possibility of reverter or right
of entry was created, be extinguished and cease to be valid.

(2) This section shall apply only to inter vivos instruments taking
effect after January 1, 1978, to wills where the testator dies after such
date, and to appointments made after such date, including appointments by
inter vivos instruments or wills under power created before such date.
[1977 c.723 §1]The following shall apply to all
possibilities of reverter and rights of entry limited on fees simple
existing on January 1, 1978:

(1) A special limitation or a condition subsequent, which restricts
a fee simple estate in land, and the possibility of reverter or right of
entry for condition broken thereby created, shall be extinguished and
cease to be valid, unless within the time specified in this section, a
notice of intention to preserve such possibility of reverter or right of
entry is recorded as provided in ORS 105.770 to 105.774. Such
extinguishment shall occur at the end of the period in which the notice
or renewal notice may be recorded.

(2) Any person owning such possibility of reverter or right of
entry may record in the deed records of the county in which the land is
situated a notice of intention to preserve such interest. Such notice may
be filed for record by any person who is the owner or part owner of such
interest, in which case the notice shall be effective as to the person
filing the notice and any other person who is a part owner thereof. If
any owner or part owner is a minor or financially incapable, as defined
in ORS 125.005, the notice may be filed by a conservator appointed
pursuant to a protective proceeding under ORS chapter 125.

(3) To be effective and to be entitled to record, such notice shall
contain an accurate and full description of all land affected by such
notice; but if such claim is founded upon a recorded instrument, then the
description may be by reference to the recorded instrument. Such notice
shall also contain the terms of the special limitation or condition
subsequent from which the possibility of reverter or right of entry
arises. The notice shall be executed, acknowledged, proved and recorded
in each county in which the land is situated in the same manner as a
conveyance of real property. In indexing such notices the county clerk
shall enter such notices under the grantee indexes of deeds under the
names of the persons on whose behalf such notices are executed.

(4) An initial notice may be recorded not less than 28 years, nor
more than 30 years, after the possibility of reverter or right of entry
was created; provided, however, if such possibility of reverter or right
of entry was created prior to January 1, 1950, the notice may be recorded
within two years after January 1, 1978. A renewal notice may be recorded
after the expiration of 28 years and before the expiration of 30 years
from the date of recording of the initial notice, and shall be effective
for a period of 30 years from the recording of such renewal notice. In
like manner, further renewal notices may be recorded after the expiration
of 28 years and before the expiration of 30 years from the date of
recording of the last renewal notice. [1977 c.723 §2; 1995 c.664 §81] ORS
105.770 to 105.774 shall not apply to conveyances made in favor of:

(1) The State of Oregon or any unit of local government as defined
in ORS 190.003; or

(2) A corporation so long as it remains qualified as a nonprofit
corporation pursuant to ORS chapter 65. If a corporation ceases to be so
qualified, the conveyance to said corporation shall be treated in the
same manner as a conveyance subject to the provisions of ORS 105.772.
[1977 c.723 §3]MISCELLANEOUS ACTIONS If a guardian, conservator or tenant in
severalty, or in common, for life or for years of real property commits
waste thereon, any person injured thereby may maintain an action at law
for damages against the guardian, conservator or tenant. In the action
there may be judgment for treble damages, forfeiture of the estate of the
party committing or permitting the waste and eviction from the property.
Forfeiture and eviction shall only be given in favor of the person
entitled to a reversion against the tenant in possession, when the injury
to the estate in reversion is determined in the action to be equal to the
value of the tenant’s estate or unexpired term, or when the waste was
committed with malice. [Amended by 1973 c.823 §103](1) Except as provided in ORS 477.090 and subsections (4) to (7)
of this section, whenever any person, without lawful authority, willfully
injures or severs from the land of another any produce thereof or cuts
down, girdles or otherwise injures or carries off any tree, timber or
shrub on the land of another person, or of the state, county, United
States or any public corporation, or on the street or highway in front of
any person’s house, or in any village, town or city lot, or cultivated
grounds, or on the common or public grounds of any village, town or city,
or on the street or highway in front thereof, in an action by such
person, village, town, city, the United States, state, county, or public
corporation, against the person committing such trespasses if judgment is
given for the plaintiff, it shall be given for treble the amount of
damages claimed, or assessed for the trespass. In any such action, upon
plaintiff’s proof of ownership of the premises and the commission by the
defendant of any of the acts mentioned in this section, it is prima facie
evidence that the acts were committed by the defendant willfully,
intentionally and without plaintiff’s consent.

(2) A court may, in its discretion, award to a prevailing party
under subsection (1) of this section reimbursement of reasonable costs of
litigation including but not limited to investigation costs and attorney
fees.

(3) A court may, in its discretion, award to a prevailing plaintiff
under subsection (1) of this section reasonable costs of reforestation
activities related to the injury sustained by the plaintiff.

(4) A contract logger is liable only for actual damages in an
action under this section if:

(a) The contract logger conducts an operation under a signed,
written contract with a person the contract logger reasonably believes to
be the legal owner of the produce, trees, timber or shrubs in the
operation area;

(b) The contract identifies the operation area by a metes and
bounds description or other sufficient legal description;

(c) Before the contract logger begins harvesting in the operation
area, the person who engages the contract logger under the contract:

(A) Locates, marks and protects from damage all survey monuments in
the operation area;

(B) Flags, stakes or otherwise clearly marks the boundaries of the
operation area; and

(C) Provides the contract logger with a copy of the deed, contract
or other instrument that the person who engages the contract logger under
the contract relies upon as proof of ownership of the produce, trees,
timber or shrubs in the operation area;

(d) The contract logger verifies the deed, contract or instrument
described in paragraph (c)(C) of this subsection against the metes and
bounds description or other sufficient legal description in the contract;

(e) The contract logger retains a copy of the deed, contract or
instrument described in paragraph (c)(C) of this subsection for at least
three years; and

(f) The contract logger does not receive written notice that any
person has a claim of title to the land or timber in the operation area
that is adverse to the person who engages the contract logger under the
contract.

(5) Subsection (4) of this section does not affect an action for
double or treble damages against a contract logger for damages outside
the operation area as described in subsection (4) of this section.

(6) If an action is brought under this section against a contract
logger, and the contract logger was engaged to harvest the timber by a
person who purported to own the timber or to have authority to harvest
the timber, the person who engaged the contract logger must be joined in
the action as a defendant unless jurisdiction over the person cannot be
had. If a judgment is entered against the contract logger and against the
person who engaged the contract logger, the contract logger shall not be
required to pay any part of the judgment unless the plaintiff establishes
that the judgment cannot be enforced against the person who engaged the
contract logger. The plaintiff may enforce the judgment against the
contract logger only if:

(a) The plaintiff makes a good faith effort for at least six months
after the judgment becomes final and subject to execution to enforce the
judgment against the person who engaged the contract logger; and

(b) The court determines, upon motion of the plaintiff, that all or
part of the judgment cannot be collected from the person who engaged the
contract logger.

(7) Subsections (2) and (3) of this section apply in an action
against a contract logger under subsection (4) of this section.

(8) For purposes of this section:

(a) “Contract logger” means a person engaged in a commercial timber
harvesting operation.

(b) “Operation” has the meaning given in ORS 527.620 (12). [Amended
by 1995 c.721 §1; 1999 c.544 §1]
(1) Except as provided in subsection (3) of this section, if, upon the
trial of an action included in ORS 105.810, it appears that the trespass
was casual or involuntary, or that the defendant had probable cause to
believe that the land on which the trespass was committed was the land of
the defendant or the land of the person in whose service or by whose
direction the act was done, or that the tree or timber was taken from
uninclosed woodland for the purpose of repairing any public highway or
bridge upon the land or adjoining it, judgment shall be given for double
damages.

(2) A judgment for the costs of litigation and reforestation as
provided in ORS 105.810 shall be in addition to and not in lieu of a
judgment for damages under this section.

(3) This section does not apply to a contract logger if the
contract logger is subject only to actual damages under ORS 105.810 (4).
[Amended by 1995 c.721 §2; 1999 c.544 §2] A tenant in common may
maintain any proper action, suit or proceeding against a cotenant for
receiving more than the just proportion of the rents or profits of the
estate owned by them in common. A person seised of an
estate in remainder or reversion may maintain a civil action for any
injury to the inheritance, notwithstanding the presence of an intervening
estate for life or years. If a court finds that a
person has intentionally damaged or removed mining equipment or has
intentionally removed or injured minerals, soil, gravel, sand, trees or
shrubs located within the mining claim of another person, the court shall
award actual damages to such other person, including any liability of
such other person to third persons resulting from such damage, removal or
injury. In an appropriate case, the court may award punitive damages to
such other person. The court may award reasonable attorney fees to the
prevailing party in an action under this section. [1989 c.1049 §2; 1995
c.618 §56]ACTION FOR REDUCED COMMERCIAL PROPERTY VALUE RESULTING FROM STREET USE
RESTRICTIONAs used in ORS 105.850 to
105.870, “commercial property” means land and improvements used in a
business operated thereon for the production of income, one of the
principal aspects of which is the storing of motor vehicles or the
providing of lodging to travelers using private conveyances. [1973 c.702
§1]Whenever after January 1, 1973, a city or mass
transit district, whether or not acting pursuant to its police powers or
condemnation authority, restricts use of the street traffic lane
immediately adjacent to a sidewalk abutting commercial property to public
conveyances and the existing access to that property by the general
public by means of private conveyances is thereby prohibited or
materially restricted for more than six hours in any 24-hour period, the
city or mass transit district shall be liable for and shall pay the
difference between the fair market value of the property prior to the
restriction and the fair market value of the property subsequent to the
restriction, taking into account any special benefits to the property
resulting from improvements made by the city or mass transit district in
connection with the restriction. The fact that other access to the
property from a public way is available shall relieve the city or mass
transit district from liability if the other access is reasonably equal
to the access prohibited or materially restricted. [1973 c.702 §2]Any person having any right, title or interest
in any such abutting real property has a cause of action against the city
to enforce payment of the compensation. Any such action may be commenced
and maintained in the circuit court for the county in which the real
property is situated. Any party to any such action has the right to
appeal from the judgment of the circuit court as in other actions. A
person having or claiming any right, title or interest in such real
property may join as party plaintiff and may intervene in any action
involving the real property in which the interest is claimed. [1973 c.702
§3; 2003 c.576 §241](1) The circuit court shall, in its
general judgment, apportion such just compensation as it may award among
the various persons found by it to own or have some right, title or
interest in such real property. The awarded compensation shall be
apportioned according to the rules of law governing the distribution of
awards made when real property is taken under the power of eminent domain.

(2) The liability of the city terminates wholly when it pays into
court the sums determined by the circuit court to be just compensation.
[1973 c.702 §4; 2003 c.576 §242] Any cause of action
granted by ORS 105.850 to 105.870 is barred unless such action is
commenced within 60 days after the date upon which the change of use
becomes effective and use of the streets is prohibited or restricted.
[1973 c.702 §5]SOLAR ENERGY EASEMENTS
(1) No person conveying or contracting to convey fee title to real
property shall include in an instrument for such purpose a provision
prohibiting the use of solar energy systems by any person on that
property.

(2) Any provision executed in violation of subsection (1) of this
section after October 3, 1979, is void and unenforceable.

(3) For the purposes of this section, “solar energy system” means
any device, structure, mechanism or series of mechanisms which uses solar
radiation as a source for heating, cooling or electrical energy. [1979
c.671 §5] As used in ORS
105.885 to 105.895:

(1) “Instrument” means a deed, contract, covenant, condition,
permit or order that creates an access right to sunlight.

(2) “Solar energy easement” means any easement, covenant or
conditions designed to insure the passage of incident solar radiation,
light, air or heat across the real property of another.

(3) “Solar envelope” means a three-dimensional space over a lot
representing height restrictions for structures and vegetation on the lot
designed to protect access to sunlight for neighboring lots.

(4) “Sun chart” means a representation showing the plotted position
of the sun. The chart shall display the path of the sun during each hour
of the day and each month of the year at the nearest degree of latitude
to the property. [1979 c.671 §6; 1981 c.722 §7] (1) A solar
energy easement shall be appurtenant to and run with the real property
benefited and burdened by such an easement.

(2) A solar energy easement shall terminate:

(a) Upon the conditions stated therein;

(b) By judgment of a court based upon abandonment or changed
conditions; or

(c) At any time by agreement of all owners of benefited and
burdened property. [1979 c.671 §7; 2003 c.576 §370](1) Any instrument creating a solar energy easement or any
other access right to sunlight shall contain:

(a) A legal description of the real property benefited and burdened
by the easement; and

(b) A description of the solar energy easement sufficient to
determine the space over the burdened property which must remain
unobstructed by means that shall include, but not be limited to:

(A) A sun chart showing the plotted skyline, including vegetation
and structures from the perspective of the center of the lower edge of
the collector surface, and a drawing showing the size and location of the
collector surface being protected and its orientation with respect to
true south; or

(B) A description of the solar envelope sufficient to determine the
space over the burdened property that must remain unobstructed.

(2) The instrument creating a solar energy easement or any other
access right to sunlight shall be recordable under ORS 93.710. The
instrument shall be recorded in the chains of title of the benefited and
burdened properties as a transfer of the easement or access right from
the owner of the burdened property to the owner of the benefited property.

(3) When an instrument creating a solar energy easement is issued
by a city or otherwise requires approval from a city, the instrument
shall be attested to and contain the original signature of a city
official in addition to the descriptions and chart required under
subsection (1) of this section.

(4) An instrument creating a solar energy easement shall be indexed
when recorded by the name of the city and the names of all parties
claiming any interest in the real property benefited or burdened by the
easement. [1979 c.671 §8; 1981 c.590 §6; 1981 c.722 §8; 1991 c.230 §23]WIND ENERGY EASEMENTSAs used in ORS 105.905 and
105.910, “wind energy easement” means any easement, covenant or condition
designed to insure the undisturbed flow of wind across the real property
of another. [1981 c.590 §1] (1) A wind
energy easement shall be appurtenant to and run with the real property
benefited and burdened by the easement.

(2) A wind energy easement shall terminate:

(a) Upon occurrence of the conditions stated in the creating
instrument;

(b) By judgment of a court based upon abandonment or changed
conditions; or

(c) At any time by agreement of all the owners of the benefited and
burdened property. [1981 c.590 §2; 2003 c.576 §371](1) An instrument creating a wind energy easement shall
include:

(a) A legal description of the real property benefited and burdened
by the easement;

(b) A description of the dimensions of the easement sufficient to
determine the horizontal space across and the vertical space above the
burdened property that must remain unobstructed;

(c) The restrictions placed upon vegetation, structures and other
objects that would impair or obstruct the wind flow across and through
the easement; and

(d) The terms or conditions, if any, under which the easement may
be changed or terminated.

(2) The instrument creating a wind energy easement shall be
recordable under ORS 93.710. If recorded, the instrument shall be
recorded as a transfer of the easement from the owner of the burdened
property to the owner of the benefited property. [1981 c.590 §3](1) An
instrument creating a lease or an option to lease real property or the
vertical space above real property for a wind energy conversion system or
for wind measuring equipment shall be recordable under ORS 93.710.

(2) An instrument described in subsection (1) of this section shall
contain:

(a) The parties’ names;

(b) A legal description of the real property involved;

(c) The nature of the interest created;

(d) The consideration paid for the transfer; and

(e) The terms or conditions, if any, under which the interest may
be revised or terminated.

(3) As used in this section, “wind energy conversion system” means
any device, supporting structure, mechanism or series of mechanisms that
uses wind for the production of electricity or a mechanical application.
[1981 c.590 §4]PERSONAL PROPERTY RIGHTS There shall
be a form of coownership of personal property known as joint tenancy. A
joint tenancy shall have the incidents of survivorship and severability
as at common law. A joint tenancy may be created only by a written
instrument which expressly declares the interest created to be a joint
tenancy. It may be created by a transfer or bequest from a sole owner to
others, or to the sole owner and others; or from tenants in common or
joint tenants to others, or to themselves or some of them, or to
themselves or any of them and others; or from husband and wife, when
holding title as community property or otherwise, to others, or to
themselves, or to one of them and to another or others. A transfer or
bequest creating a joint tenancy shall not derogate from the rights of
creditors. [Formerly 91.355]RULE AGAINST PERPETUITIES (1) A nonvested
property interest is invalid unless:

(a) When the interest is created, it is certain to vest or
terminate no later than 21 years after the death of an individual then
alive; or

(b) The interest either vests or terminates within 90 years after
its creation.

(2) A general power of appointment, not presently exercisable
because of a condition precedent, is invalid unless:

(a) When the power is created, the condition precedent is certain
to be satisfied or become impossible to satisfy no later than 21 years
after the death of an individual then alive; or

(b) The condition precedent either is satisfied or becomes
impossible to satisfy within 90 years after its creation.

(3) A nongeneral power of appointment or a general testamentary
power of appointment is invalid unless:

(a) When the power is created, it is certain to be irrevocably
exercised or otherwise to terminate no later than 21 years after the
death of an individual then alive; or

(b) The power is irrevocably exercised or otherwise terminates
within 90 years after its creation.

(4) In determining whether a nonvested property interest or a power
of appointment is valid under subsection (1)(a), (2)(a) or (3)(a) of this
section, the possibility that a child will be born to an individual after
the individual’s death is disregarded.

(5) The language in a governing instrument is inoperative to the
extent it produces a period of time that exceeds 21 years after the death
of the survivor of the specified lives if, in measuring a period from the
creation of a trust or other property arrangement, that language seeks:

(a) To disallow the vesting or termination of any interest or trust
beyond the later of:

(A) The expiration of a period of time not exceeding 21 years after
the death of the survivor of the specified lives in being at the creation
of the trust or other property arrangement; or

(B) The expiration of a period of time that exceeds or might exceed
21 years after the death of the survivor of lives in being at the
creation of the trust or other property arrangement.

(b) To postpone the vesting or termination of any interest or trust
until:

(A) The expiration of a period of time not exceeding 21 years after
the death of the survivor of the specified lives in being at the creation
of the trust or other property arrangement; or

(B) The expiration of a period of time that exceeds or might exceed
21 years after the death of the survivor of lives in being at the
creation of the trust or other property arrangement.

(c) To operate in effect in any similar fashion upon:

(A) The expiration of a period of time not exceeding 21 years after
the death of the survivor of the specified lives in being at the creation
of the trust or other property arrangement; or

(B) The expiration of a period of time that exceeds or might exceed
21 years after the death of the survivor of lives in being at the
creation of the trust or other property arrangement. [1989 c.208 §1; 1993
c.273 §1](1) Except as provided in subsections (2) and (3) of this
section and in ORS 105.970 (1), the time of creation of a nonvested
property interest or a power of appointment is determined under general
principles of property law.

(2) For purposes of ORS 105.950 to 105.975, if there is a person
who alone can exercise a power created by a governing instrument to
become the unqualified beneficial owner of either a nonvested property
interest or a property interest subject to a power of appointment
described in ORS 105.950 (2) or (3), the nonvested property interest or
power of appointment is created when the power to become the unqualified
beneficial owner terminates.

(3) For purposes of ORS 105.950 to 105.975, a nonvested property
interest or a power of appointment arising from a transfer of property to
a previously funded trust or other existing property arrangement is
created when the nonvested property interest or power of appointment in
the original contribution was created. [1989 c.208 §2] Upon the petition of an interested person, a
court shall reform a disposition in the manner that most closely
approximates the transferor’s manifested plan of distribution and is
within the 90 years allowed by ORS 105.950 (1)(b), (2)(b) and (3)(b) if:

(1) A nonvested property interest or a power of appointment becomes
invalid under ORS 105.950, statutory rule against perpetuities;

(2) A class gift is not but might become invalid under ORS 105.950,
statutory rule against perpetuities, and the time has arrived when the
share of any class member is to take effect in possession or enjoyment; or

(3) A nonvested property interest that is not validated by ORS
105.950 (1)(a) can vest but not within 90 years after its creation. [1989
c.208 §3] ORS
105.950, statutory rule against perpetuities, does not apply to:

(1) A nonvested property interest or a power of appointment arising
out of a nondonative transfer, except a nonvested property interest or a
power of appointment arising out of:

(a) A premarital or postmarital agreement;

(b) A separation or divorce settlement;

(c) A spouse’s election;

(d) A similar arrangement arising out of a prospective existing or
previous marital relationship between the parties;

(e) A contract to make or not to revoke a will or trust;

(f) A contract to exercise or not to exercise a power of
appointment;

(g) A transfer in satisfaction of a duty of support; or

(h) A reciprocal transfer;

(2) A fiduciary’s power relating to the administration or
management of assets, including the power of a fiduciary to sell, lease
or mortgage property, and the power of a fiduciary to determine principal
and income;

(3) A power to appoint a fiduciary;

(4) A discretionary power of a trustee to distribute principal
before termination of a trust to a beneficiary having an indefeasibly
vested interest in the income and principal;

(5) A nonvested property interest held by a charity, government or
governmental agency or subdivision, if the nonvested property interest is
preceded by an interest held by another charity, government or
governmental agency or subdivision;

(6) A nonvested property interest in or a power of appointment with
respect to a trust or other property arrangement forming part of a
pension, profit sharing, stock bonus, health, disability, death benefit,
income deferral or other current or deferred benefit plan for one or more
employees, independent contractors or their beneficiaries or spouses, to
which contributions are made for the purpose of distributing to or for
the benefit of the participants or their beneficiaries or spouses the
property, income or principal in the trust or other property arrangement,
except a nonvested property interest or a power of appointment that is
created by an election of a participant or a beneficiary or spouse; or

(7) A property interest, power of appointment or arrangement that
was not subject to the common-law rule against perpetuities or is
excluded by another statute of this state. [1989 c.208 §4] (1) Except as extended by
subsection (2) of this section, ORS 105.950 to 105.975 apply to a
nonvested property interest or a power of appointment that is created on
or after January 1, 1990. For purposes of this section, a nonvested
property interest or a power of appointment created by the exercise of a
power of appointment is created when the power is irrevocably exercised
or when a revocable exercise becomes irrevocable.

(2) If a nonvested property interest or a power of appointment was
created before January 1, 1990, and is determined in a judicial
proceeding, commenced on or after January 1, 1990, to violate this
state’s rule against perpetuities as that rule existed before January 1,
1990, a court upon the petition of an interested person may reform the
disposition in the manner that most closely approximates the transferor’s
manifested plan of distribution and is within the limits of the rule
against perpetuities applicable when the nonvested property interest or
power of appointment was created. [1989 c.208 §5](1) ORS 105.950 to 105.975 shall be cited as the
Uniform Statutory Rule Against Perpetuities.

(2) ORS 105.950 to 105.975 shall be applied and construed to
effectuate its general purpose to make uniform the law with respect to
the subject of ORS 105.950 to 105.975 among states enacting it.

(3) ORS 105.950 to 105.975 supersede the rule of the common law
known as the rule against perpetuities. [1989 c.208 §§6,7,8]

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USA Statutes : oregon