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
 
                         House Bill 2093
 
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 as
introduced.
 
  Prohibits elected or appointed county officials 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.
  (2) An elected or appointed county official may not purchase
from the county, directly or indirectly through an intermediary,
real property obtained by foreclosure of delinquent tax liens.
  (3) A county employee may not purchase from the county,
directly or indirectly through an intermediary, 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 is created under this
section by a discretionary action or decision of the county
employee related to the acquisition, management, sale or transfer
of the real property by the county, but is not created by a
ministerial action or decision 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
official 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
official 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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