72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
HA to HB 2706
 
LC 1064/HB 2706-4
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2706
 
                    By COMMITTEE ON JUDICIARY
 
                            April 28
 
  In line 2 of the printed bill, after 'surveyors' insert ';
creating new provisions; and amending ORS 87.392'.
  In line 7, after the first 'land' insert ', or at the request
of an agent of the owner,'.
  Delete lines 11 and 12 and insert:
  '  { +  SECTION 3. + } ORS 87.392 is amended to read:
  ' 87.392. (1) Except for any property tax liens, the lien
created by ORS 87.352 is prior and superior to all other liens,
mortgages and encumbrances against the land upon which the lien
is imposed without regard to whether the other liens, mortgages,
or encumbrances attached to the land before or after the lien
created by ORS 87.352 attached.
  ' (2) Except for tax liens, assessment liens, construction
liens and liens created by ORS 87.352 and 87.356, the lien
created by ORS 87.362 is prior and superior to all other liens,
mortgages and encumbrances against the land upon which the lien
is imposed without regard to whether the other liens, mortgages
or encumbrances attached to the land before or after the lien
created by ORS 87.362 attached.
  ' (3) Except that the lien created by ORS 87.356 is prior to
the lien created by ORS 87.362 without regard to the date on
which the lien created by ORS 87.362 attached to the land, the
liens created by ORS 87.356 and 87.358  { + and section 2 of this
2003 Act + } are prior and superior to all other liens, mortgages
and encumbrances of a subsequent date against the land upon which
the liens are imposed. Property tax liens, whenever created, are
prior and superior to the liens created by ORS 87.356 and 87.358
 { + and section 2 of this 2003 Act + }.
  ' (4) Notwithstanding subsection (2) of this section, a lien
created by ORS 87.362 does not have priority over a mortgage on
the land recorded at the date of the first delivery of
electricity for which a lien may be claimed unless the electric
cooperative or electric utility delivers a notice in writing of
its possible lien claim to the mortgagee within 30 days of the
date of first delivery of the electricity.
  ' (5) The notice required by subsection (4) of this section
shall state in substance:
  ' (a) That the electric cooperative or electric utility is
starting to deliver electricity;
  ' (b) The name of the person ordering the electricity; and
  ' (c) That a lien on the land may be claimed for the cost of
the electricity.
  '  { +  SECTION 4. + }  { + Section 2 of this 2003 Act and the
amendments to ORS 87.392 by section 3 of this 2003 Act apply to
surveying activities performed on or after the effective date of
this 2003 Act. + } ' .
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