justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 105 — Property Rights

ORS 105.725. Proceedings on motion to confirm report. The report of the commissioners may be confirmed by the court upon written motion of either party to the suit whenever it appears to the court that the motion was served upon the adverse party two days before the presentation thereof and no exceptions have been filed to the report within two days after the service. If exceptions are filed to the report, they may be heard with the motion to confirm, and the court may confirm, modify or set aside the report as is just, and in the latter case may appoint a new commission or refer the matter to the same commissioners with appropriate instructions. ACTIONS BASED ON CHANGE OF GRADE
ORS Chapter 105 — Property Rights

ORS 105.755. State liability for damages resulting from change of grade of roads other than city streets; proceedings on cause of action; limitation. (1) As used in this section, public road means a road used by the general public, whether designated as a state highway, county or district road or otherwise, but does not include city streets under ORS 105.760. (2) Whenever the Department of Transportation changes the grade of any public road from a previously established or maintained grade, the state shall be liable for and shall pay just and reasonable compensation for any legal damage or injury to real property abutting upon the public road affected by the grade change; except that the state shall not be liable for any damage or injury for any such change whenever the county has requested the Department of Transportation to make such change. (3) Any person having any right, title or interest in any such real property has a cause of action against the state to enforce payment of the compensation. Any such action may be commenced and maintained in the circuit court for the county in which the real property is situated. Any party to any such action has the right to appeal as in other civil actions from a judgment of any circuit court. Any person having or claiming any right, title or interest in such real property may join as party plaintiff or may intervene in any action involving the real property in which the interest is claimed. (4) The trial circuit court shall, in its general judgment, apportion such just compensation as it may award among the various persons found by it to own or have some right, title or interest in such real property. The awarded compensation shall be apportioned according to the rules of law governing the distribution of awards made when real property is taken under the power of eminent domain. (5) The liability of the state terminates wholly when it pays into court the sums determined by the circuit court to be just compensation. Any cause of action granted by this section is barred unless such action is commenced within six months after the change of grade is physically completed and accepted by the Department of Transportation.
ORS Chapter 105 — Property Rights

ORS 105.760. State or county liability for damages resulting from change of grade of streets; proceedings on cause of action. (1) If consent is given by the governing body of any city to change any grade of any street as such grade has been established or maintained by the consenting city and pursuant thereto the Department of Transportation or a county changes the grade, the state or the county, whichever makes such change of grade, shall be liable for and shall pay just and reasonable compensation for any damage or injury to any real property abutting upon the road or street affected by the grade change. (2) Any person having any right, title or interest in any such real property has a cause of action against the state or against the county to enforce payment of the compensation. Any such action may be commenced and maintained in the circuit court for the county in which the real property is situated. Any party to any such action has the right to appeal as in any other civil action from a judgment of any circuit court. Any person having or claiming any right, title or interest in such real property may join as party plaintiff or may intervene in any action involving the real property in which the interest is claimed. (3) The trial circuit court shall, in its general judgment, apportion such just compensation as it may award among the various persons found by it to own or have some right, title or interest in such real property. The awarded compensation shall be apportioned according to the rules of law governing the distribution of awards made when real property is taken under the power of eminent domain. (4) The liability of the state or the liability of the county, as the case may be, terminates wholly when it pays into court the sums determined by the circuit court to be just compensation. Any cause of action granted by this section is barred unless such action is commenced within six months after the change of grade is physically completed and accepted by the Department of Transportation or the county. [Formerly 373.040; 1973 c.197 6; 2003 c.576 240] EXTINGUISHMENT OF FUTURE INTERESTS
ORS Chapter 105 — Property Rights

ORS 105.770. which the notice or renewal notice may be recorded. (2) Any person owning such possibility of reverter or right of entry may record in the deed records of the county in which the land is situated a notice of intention to preserve such interest. Such notice may be filed for record by any person who is the owner or part owner of such interest, in which case the notice shall be effective as to the person filing the notice and any other person who is a part owner thereof. If any owner or part owner is a minor or financially incapable, as defined in ORS 125.005, the notice may be filed by a conservator appointed pursuant to a protective proceeding under ORS chapter 125. (3) To be effective and to be entitled to record, such notice shall contain an accurate and full description of all land affected by such notice; but if such claim is founded upon a recorded instrument, then the description may be by reference to the recorded instrument. Such notice shall also contain the terms of the special limitation or condition subsequent from which the possibility of reverter or right of entry arises. The notice shall be executed, acknowledged, proved and recorded in each county in which the land is situated in the same manner as a conveyance of real property. In indexing such notices the county clerk shall enter such notices under the grantee indexes of deeds under the names of the persons on whose behalf such notices are executed. (4) An initial notice may be recorded not less than 28 years, nor more than 30 years, after the possibility of reverter or right of entry was created; provided, however, if such possibility of reverter or right of entry was created prior to January 1, 1950, the notice may be recorded within two years after January 1, 1978. A renewal notice may be recorded after the expiration of 28 years and before the expiration of 30 years from the date of recording of the initial notice, and shall be effective for a period of 30 years from the recording of such renewal notice. In like manner, further renewal notices may be recorded after the expiration of 28 years and before the expiration of 30 years from the date of recording of the last renewal notice.
ORS Chapter 105 — Property Rights

ORS 105.772. Preservation of future interests; filing of notice of intent required; limitation. The following shall apply to all possibilities of reverter and rights of entry limited on fees simple existing on January 1, 1978: (1) A special limitation or a condition subsequent, which restricts a fee simple estate in land, and the possibility of reverter or right of entry for condition broken thereby created, shall be extinguished and cease to be valid, unless within the time specified in this section, a notice of intention to preserve such possibility of reverter or right of entry is recorded as provided in ORS
ORS Chapter 105 — Property Rights

ORS 105.774. (1) The State of Oregon or any unit of local government as defined in ORS 190.003; or (2) A corporation so long as it remains qualified as a nonprofit corporation pursuant to ORS chapter 65. If a corporation ceases to be so qualified, the conveyance to said corporation shall be treated in the same manner as a conveyance subject to the provisions of ORS 105.772. [1977 c.723 3] SUBSTANTIAL DAMAGE FROM FLOODING TO RESIDENTIAL STRUCTURES
ORS Chapter 105 — Property Rights

ORS 105.780. Notice of substantial damage from flooding to residential structures. (1) A local government with land use jurisdiction may present for recordation in the office of the county clerk a notice of designation of substantial damage to a residential structure when the residential structure: (a) Has sustained substantial damage, as defined in an ordinance for the purpose of regulating development in hazard areas, from flooding; and (b) Has not been brought into compliance with ordinances regulating development in hazard areas. (2) A county clerk shall record a notice of designation of substantial damage pursuant to ORS 205.130 (3)(e). (3) If a local government has caused a notice of designation of substantial damage to be recorded under this section, the local government shall present for recordation a notice of remedy of substantial damage that declares void the notice of designation of substantial damage recorded under this section when the structures that were substantially damaged by flooding have been brought into compliance with ordinances regulating development in hazard areas. (4) The county clerk shall record a notice of remedy of substantial damage pursuant to ORS 205.130 (3)(e). (5) This section does not directly, indirectly or by implication limit or alter a preexisting common law or statutory right or remedy, including actions for fraud, negligence or equitable relief. [2013 c.303 1] Note:
ORS Chapter 105 — Property Rights

ORS 105.805. Action for waste. If a guardian, conservator or tenant in severalty, or in common, for life or for years of real property commits waste thereon, any person injured thereby may maintain an action at law for damages against the guardian, conservator or tenant. In the action there may be judgment for treble damages, forfeiture of the estate of the party committing or permitting the waste and eviction from the property. Forfeiture and eviction shall only be given in favor of the person entitled to a reversion against the tenant in possession, when the injury to the estate in reversion is determined in the action to be equal to the value of the tenants estate or unexpired term, or when the waste was committed with malice. [Amended by 1973 c.823 103]
ORS Chapter 105 — Property Rights

ORS 105.815. When double damages are awarded for trespass; exception. (1) Except as provided in subsection (3) of this section, if, upon the trial of an action included in ORS 105.810, it appears that the trespass was casual or involuntary, or that the defendant had probable cause to believe that the land on which the trespass was committed was the land of the defendant or the land of the person in whose service or by whose direction the act was done, or that the tree or timber was taken from unenclosed woodland for the purpose of repairing any public highway or bridge upon the land or adjoining it, judgment shall be given for double damages. (2) A judgment for the costs of litigation and reforestation as provided in ORS
ORS Chapter 105 — Property Rights

ORS 105.820. Remedy of tenants in common. A tenant in common may maintain any proper action, suit or proceeding against a cotenant for receiving more than the just proportion of the rents or profits of the estate owned by them in common.
ORS Chapter 105 — Property Rights

ORS 105.825. Action for injury to inheritance. A person seised of an estate in remainder or reversion may maintain a civil action for any injury to the inheritance, notwithstanding the presence of an intervening estate for life or years.
ORS Chapter 105 — Property Rights

ORS 105.831. Damages for injury to mining claim. If a court finds that a person has intentionally damaged or removed mining equipment or has intentionally removed or injured minerals, soil, gravel, sand, trees or shrubs located within the mining claim of another person, the court shall award actual damages to such other person, including any liability of such other person to third persons resulting from such damage, removal or injury. In an appropriate case, the court may award punitive damages to such other person. The court may award reasonable attorney fees to the prevailing party in an action under this section.
ORS Chapter 105 — Property Rights

ORS 105.834. Owners immunity from liability for theft of metal property. (1) As used in this section, owner means a person, including a tenant, lessee, occupant or other person, that possesses an interest in land, including but not limited to a possession of a fee title. (2) An owner of land is not liable for personal injury, death or property damage that arises out of: (a) Theft or attempted theft of metal property as defined in ORS 165.116 from the owners land; or (b) A hazardous condition that results from theft or attempted theft of metal property as defined in ORS 165.116 from the owners land when the owner did not know or could not reasonably have known of the hazardous condition. (3) The immunities provided under this section apply to: (a) Public and private land; (b) Roads, bodies of water, watercourses, rights of way, buildings and fixtures or structures on the owners land; and (c) Machinery or equipment on the owners land. (4) This section does not create or impose a duty of care upon an owner or possessor of land that would not otherwise exist under common law.
ORS Chapter 105 — Property Rights

ORS 105.835. [1981 c.841 2; repealed by 1989 c.693 21] CARBON MONOXIDE ALARMS IN DWELLINGS
ORS Chapter 105 — Property Rights

ORS 105.836. (1) Carbon monoxide alarm means a device that: (a) Detects carbon monoxide; (b) Produces a distinctive audible alert when carbon monoxide is detected; (c) Conforms to State Fire Marshal rules; (d) Is listed by Underwriters Laboratories or any other nationally recognized testing laboratory or an equivalent organization; and (e) Operates as a distinct unit or as two or more single station units wired to operate in conjunction with each other. (2) Carbon monoxide source means: (a) A heater, fireplace, appliance or cooking source that uses coal, kerosene, petroleum products, wood or other fuels that emit carbon monoxide as a by-product of combustion; or (b) An attached garage with an opening that communicates directly with a living space. (3) Multifamily housing means a building in which three or more residential units each have space for eating, living and sleeping and permanent provisions for cooking and sanitation. (4) One and two family dwelling means a residential building that is regulated under the state building code as a one and two family dwelling.
ORS Chapter 105 — Property Rights

ORS 105.838. Carbon monoxide alarm in dwelling. (1) A person may not convey fee title to a one and two family dwelling or multifamily housing that contains a carbon monoxide source, or transfer possession under a land sale contract of a one and two family dwelling or multifamily housing that contains a carbon monoxide source, unless one or more properly functioning carbon monoxide alarms are installed in the dwelling or housing at locations that provide carbon monoxide detection for all sleeping areas of the dwelling or housing. (2) A carbon monoxide alarm in a one and two family dwelling or multifamily housing described in subsection (1) of this section must be installed in conformance with applicable rules of the State Fire Marshal and in conformance with any applicable requirements of the state building code. (3) Violation of this section or a rule adopted by the State Fire Marshal does not invalidate any sale or transfer of possession of a one and two family dwelling or multifamily housing.
ORS Chapter 105 — Property Rights

ORS 105.840. Action by purchaser for failure of seller to install carbon monoxide alarm. A purchaser or transferee of a one and two family dwelling or multifamily housing who is aggrieved by a violation of ORS 105.838 or of a rule adopted under ORS 476.725 may bring an individual action in an appropriate court to recover the greater of actual damages or $250 per residential unit. In any action brought under this section, the court may award to a prevailing party, in addition to the relief provided in this section, reasonable attorney fees at trial and on appeal, and costs. Actions brought under this section must be commenced within one year after the date of sale or transfer.
ORS Chapter 105 — Property Rights

ORS 105.842. Tampering with carbon monoxide alarm. (1) As used in this section, tamper includes, but is not limited to, the removal of working batteries. (2) Except as otherwise provided in this section, a person may not remove or tamper with a carbon monoxide alarm installed in a one and two family dwelling or multifamily housing. This section does not prohibit the removal of, or tampering with, a carbon monoxide alarm: (a) For the purpose of replacing a defective alarm or conforming the installation of the alarm with State Fire Marshal rules; (b) In a dwelling or housing that is being demolished or converted to nonresidential use; or (c) For the period that the removal or tampering is necessary for an active process of remodeling or renovating the installation location.
ORS Chapter 105 — Property Rights

ORS 105.844. Short title. ORS 90.316, 90.317, 105.836 to 105.842, 455.360 and 476.725 shall be known and may be cited as the Lofgren and Zander Memorial Act. [2009 c.591 15] RADON HAZARDS AND METHODS FOR TESTING AND MITIGATION
ORS Chapter 105 — Property Rights

ORS 105.848. Radon information for potential buyers of one and two family dwellings. (1) The Real Estate Agency shall provide information to alert potential buyers of one and two family dwellings to issues concerning radon in the dwellings. The information may include, but need not be limited to, radon hazard potential and methods of testing for and mitigating radon. The agency may collaborate with public or private entities to provide the information. (2) The agency shall place the information described in subsection (1) of this section on the agencys website and make printed copies of the information available to the public. The agency may charge a reasonable fee for providing a printed copy of the information. (3) The agency shall encourage public and private entities dealing with potential buyers of one and two family dwellings to post the information described in subsection (1) of this section on entity websites and to assist in making printed copies of the information available to the public. [2010 c.83 3] ACTION FOR REDUCED COMMERCIAL PROPERTY VALUE RESULTING FROM STREET USE RESTRICTION
ORS Chapter 105 — Property Rights

ORS 105.850. business operated thereon for the production of income, one of the principal aspects of which is the storing of motor vehicles or the providing of lodging to travelers using private conveyances.
ORS Chapter 105 — Property Rights

ORS 105.855. Requirement to compensate commercial property owners for reduced value of property caused by street use restriction; effect of other access to property. Whenever after January 1, 1973, a city or mass transit district, whether or not acting pursuant to its police powers or condemnation authority, restricts use of the street traffic lane immediately adjacent to a sidewalk abutting commercial property to public conveyances and the existing access to that property by the general public by means of private conveyances is thereby prohibited or materially restricted for more than six hours in any 24-hour period, the city or mass transit district shall be liable for and shall pay the difference between the fair market value of the property prior to the restriction and the fair market value of the property subsequent to the restriction, taking into account any special benefits to the property resulting from improvements made by the city or mass transit district in connection with the restriction. The fact that other access to the property from a public way is available shall relieve the city or mass transit district from liability if the other access is reasonably equal to the access prohibited or materially restricted.
ORS Chapter 105 — Property Rights

ORS 105.860. Cause of action against city for compensation; appeal procedure; intervention. Any person having any right, title or interest in any such abutting real property has a cause of action against the city to enforce payment of the compensation. Any such action may be commenced and maintained in the circuit court for the county in which the real property is situated. Any party to any such action has the right to appeal from the judgment of the circuit court as in other actions. A person having or claiming any right, title or interest in such real property may join as party plaintiff and may intervene in any action involving the real property in which the interest is claimed.
ORS Chapter 105 — Property Rights

ORS 105.865. Apportioning compensation among property owners; termination of city liability. (1) The circuit court shall, in its general judgment, apportion such just compensation as it may award among the various persons found by it to own or have some right, title or interest in such real property. The awarded compensation shall be apportioned according to the rules of law governing the distribution of awards made when real property is taken under the power of eminent domain. (2) The liability of the city terminates wholly when it pays into court the sums determined by the circuit court to be just compensation.
ORS Chapter 105 — Property Rights

ORS 105.870. Limitation on commencement of action. Any cause of action granted by ORS
ORS Chapter 105 — Property Rights

ORS 105.880. Conveyance prohibiting use of solar energy systems void. (1) No person conveying or contracting to convey fee title to real property shall include in an instrument for such purpose a provision prohibiting the use of solar energy systems by any person on that property. (2) Any provision executed in violation of subsection (1) of this section after October 3, 1979, is void and unenforceable. (3) For the purposes of this section, solar energy system means any device, structure, mechanism or series of mechanisms which uses solar radiation as a source for heating, cooling or electrical energy.
ORS Chapter 105 — Property Rights

ORS 105.885. Definitions for ORS 105.885 to 105.895. As used in ORS 105.885 to 105.895: (1) Instrument means a deed, contract, covenant, condition, permit or order that creates an access right to sunlight. (2) Solar energy easement means any easement, covenant or conditions designed to insure the passage of incident solar radiation, light, air or heat across the real property of another. (3) Solar envelope means a three-dimensional space over a lot representing height restrictions for structures and vegetation on the lot designed to protect access to sunlight for neighboring lots. (4) Sun chart means a representation showing the plotted position of the sun. The chart shall display the path of the sun during each hour of the day and each month of the year at the nearest degree of latitude to the property.
ORS Chapter 105 — Property Rights

ORS 105.890. Solar energy easement appurtenant; termination. (1) A solar energy easement shall be appurtenant to and run with the real property benefited and burdened by such an easement. (2) A solar energy easement shall terminate: (a) Upon the conditions stated therein; (b) By judgment of a court based upon abandonment or changed conditions; or (c) At any time by agreement of all owners of benefited and burdened property.