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 1358
 
                           B-Engrossed
 
                         House Bill 2387
                  Ordered by the Senate May 30
 Including House Amendments dated March 15 and Senate Amendments
                          dated May 30
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Joint Interim Judiciary
  Committee for Martin Leunberger)
 
 
                             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.
 
  Allows judge in action for partition or sale to order owner of
property held by tenancy in common to borrow money against
property to pay claims of another owner without regard to which
owner opposes partition or sale.
 
                        A BILL FOR AN ACT
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. + }
                         ----------