Chapter 606 Oregon Laws 2001

AN ACT

HB 2387

Relating to prevention of partition or sale of property; creating new provisions; and amending ORS 105.210.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 105.210 is amended to read:

105.210. (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 [the owners, objecting to the partition or sale,] an owner to borrow money upon the property with which to pay off the [claims] interest, as so fixed, of [the persons demanding a partition or sale] another owner. [Upon payment of the amount in court, as so fixed, for the satisfaction of the claims of those demanding partition or sale, all right and interest in the property of the parties so demanding partition or sale is satisfied fully and discharged and the property is free and clear of all claims of any such parties] 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.

SECTION 2. The amendments to ORS 105.210 by section 1 of this 2001 Act apply to a suit for partition or sale of real property that is filed on or after the effective date of this 2001 Act.

Approved by the Governor June 26, 2001

Filed in the office of Secretary of State June 26, 2001

Effective date January 1, 2002

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