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 3102
 
                         Senate Bill 821
 
Sponsored by Senator NELSON
 
 
                             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.
 
  Requires court to consider agricultural land use policy when
deciding whether to order partition or sale of land located in
exclusive farm use zone.
 
                        A BILL FOR AN ACT
Relating to partition of agricultural land; 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 an
owner to borrow money upon the property with which to pay off the
interest, as so fixed, of another owner. 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.
   { +  (3) When all or part of the property to be partitioned or
sold is located in an exclusive farm use zone, as described in
ORS 215.203, the court shall consider the policy outlined in ORS
215.243 in determining whether the partition or sale would cause
great prejudice to the owners. + }
  SECTION 2.  { + The amendments to ORS 105.210 by section 1 of
this 2003 Act apply to all suits for partition, whether commenced
before, on or after the effective date of this 2003 Act, unless a
final decree has been entered in the suit before the effective
date of this 2003 Act. + }
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