72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 1064
 
                           A-Engrossed
 
                         House Bill 2706
                  Ordered by the House April 28
            Including House Amendments dated April 28
 
Sponsored by Representative WILLIAMS; Representatives ACKERMAN,
  AVAKIAN, BARKER, KROPF, KRUMMEL, KRUSE, MACPHERSON, PROZANSKI,
  SHETTERLY (at the request of Professional Land Surveyors of
  Oregon)
 
 
                             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.
 
  Creates land surveyor lien for performance of land surveying
activities. { +  Specifies priority of lien. + }
 
                        A BILL FOR AN ACT
Relating to land surveyors; creating new provisions; and amending
  ORS 87.392.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2003 Act is added to and made
a part of ORS 87.352 to 87.362. + }
  SECTION 2.  { + In addition to the lien created under ORS
87.010, a registered professional land surveyor who is employed
to or contracts to perform land surveying activities at the
request of the owner of land, or at the request of an agent of
the owner, has a lien upon the land for the reasonable or agreed
charges for the performance of any land surveying activity for
which registration is required under ORS 672.002 to 672.325. If
the owner of land has less than a fee simple estate in the land,
then only the interest of the owner is subject to the lien
created by this section. + }
  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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