71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1624
 
                           A-Engrossed
 
                         House Bill 2093
                  Ordered by the House March 12
            Including House Amendments dated March 12
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Representative Betsy Close
  for Hasso Herring)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Prohibits elected or appointed county   { - officials - }
 { + officers + } and certain county employees from purchasing
real property obtained by county by foreclosure of delinquent tax
lien.
 
                        A BILL FOR AN ACT
Relating to sale of county real property obtained by foreclosure
  of delinquent tax lien.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2001 Act is added to and made
a part of ORS chapter 275. + }
  SECTION 2.  { + (1) As used in this section:
  (a) 'Actual conflict of interest' has the meaning given that
term under ORS 244.020.
  (b) 'Bona fide purchaser' means a purchaser of a fee simple
interest in a single property who acquires the property in an
arm's-length transaction and for fair market value and adequate
consideration.
  (c) 'Discretionary action' means an action committed to the
sound judgment and conscience of a county officer or a county
employee, acting in the official capacity of the officer or
employee.
  (d) 'Ministerial action' means an action requiring obedience to
specific instructions or law and allowing little or no discretion
in its implementation.
  (2) An elected or appointed county officer as described in ORS
204.005, a family member of the officer or an intermediary of
either may not purchase from the county, directly or indirectly,
real property obtained by foreclosure of delinquent tax liens.
  (3) A county employee not included under subsection (2) of this
section, a family member of the county employee or an
intermediary of either may not purchase from the county, directly
or indirectly, real property obtained by foreclosure of
delinquent tax liens if the county employee has an actual
conflict of interest related to the real property. An actual
conflict of interest may be created under this section by the
discretionary action of a county employee related to the
foreclosure, sale or transfer of the real property by the county,
but is not created by the ministerial action of the county
employee.
  (4) In addition to and not in lieu of a penalty or sanction
that may apply under ORS chapter 244 or otherwise, if real
property is purchased in violation of this section, the county
officer or employee shall:
  (a) Transfer the real property to the county for the amount
paid for the property less an amount for expenses incurred by the
county; or
  (b) If the real property has been transferred by the county
officer or employee to a bona fide purchaser, transfer to the
county the amount received for the sale to a bona fide purchaser
less the amount paid to obtain the property from the county. + }
  SECTION 3.  { + Section 2 of this 2001 Act applies to a sale of
real property by a county occurring on or after the effective
date of this 2001 Act. + }
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