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

ORS 105.515. Stay of issuance of warrant to abate. At any time before an order to abate is made or a warrant to abate is issued, the defendant may, on motion to the court or judge thereof, have an order to stay the issuing of the warrant for such period as may be necessary, not exceeding six months, to allow the defendant to abate the nuisance, upon giving an undertaking to the plaintiff in a sufficient amount, in the form of an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008, or a bond with one or more sureties, to the satisfaction of the court or judge thereof, that the defendant will abate the nuisance within the time and in the manner specified in the order.
ORS Chapter 105 — Property Rights

ORS 105.520. Justification of sureties; proceedings when nuisance is not abated. If the plaintiff is not notified of the time and place of the application for the order provided for in ORS 105.515, the sureties therein provided for shall justify as bail upon arrest, otherwise the justification may be omitted unless the plaintiff requires it. If the order is made and undertaking given, and the defendant fails to abate the nuisance within the time specified in the order, at any time within six months thereafter, the warrant for the abatement of the nuisance may issue as if the warrant had not been stayed.
ORS Chapter 105 — Property Rights

ORS 105.525. [Repealed by 1969 c.509 8]
ORS Chapter 105 — Property Rights

ORS 105.530. [Repealed by 1969 c.509 8] ABATEMENT OF NUISANCE ACTIVITIES OR CONDITIONS
ORS Chapter 105 — Property Rights

ORS 105.550. Definitions for ORS 105.550 to 105.600. As used in ORS 105.550 to 105.600, unless the context requires otherwise: (1) Of record means: (a) With regard to real property, that an owners interest is recorded in the public records provided for by Oregon statutes where the owners interest must be recorded to perfect a lien or security interest or provide constructive notice of the owners interest; or (b) With regard to personal property, that an owners interest is recorded in the public records under any applicable state or federal law where the owners interest must be recorded to perfect a lien or security interest, or provide constructive notice of the owners interest. (2) Owner means a person having any legal or equitable interest in property, including, but not limited to, a purchaser, lienholder or holder of any security interest in such property. (3) Place or property includes, but is not limited to, any premises, room, house, building or structure or any separate part or portion thereof whether permanent or not or the ground itself or any conveyance or any part or portion thereof.
ORS Chapter 105 — Property Rights

ORS 105.555. Places declared nuisances subject to abatement. (1) The following are declared to be nuisances and shall be enjoined and abated as provided in ORS 105.550 to 105.600: (a) Any place that, as a regular course of business, is used for the purpose of prostitution and any place where acts of prostitution or commercial sexual solicitation occur. (b) Any place that is used and maintained for profit and for the purpose of gambling or a lottery, as defined in ORS 167.117, by any person, partnership or corporation organized for profit and wherein take place any of the acts or wherein are kept, stored or located any of the games, devices or things that are forbidden by or made punishable by ORS 167.108 to 167.164. (c) Any place that has been determined to be not fit for use under ORS 453.876 and that has not been decontaminated and certified as fit for use under ORS 453.885 within 180 days after the determination under ORS 453.876. (d) Any place where activity involving the unauthorized delivery, manufacture or possession of a controlled substance, as defined in ORS 475.005, occurs or any place wherein are kept, stored or located any of the devices, equipment, things or substances used for unauthorized delivery, manufacture or possession of a controlled substance. As used in this paragraph, devices, equipment, things does not include hypodermic syringes or needles. (e) Any place where activity involving a misdemeanor or felony offense described in ORS 475C.337, 475C.341, 475C.345 or 475C.349 occurs or any place wherein are kept, stored or located any of the devices, equipment, things or substances used for a misdemeanor or felony offense described in ORS 475C.337, 475C.341, 475C.345 or 475C.349. As used in this paragraph, devices, equipment, things or substances does not include hypodermic syringes or needles. (2) Nothing in ORS 105.550 to 105.600, 166.715 and 167.158 applies to property to the extent that the devices, equipment, things or substances that are used for delivery, manufacture or possession of a controlled substance, or for commission of an offense described in ORS 475C.337, 475C.341, 475C.345 or 475C.349, are kept, stored or located in or on the property for the purpose of lawful sale or use of the devices, equipment, things or substances.
ORS Chapter 105 — Property Rights

ORS 105.560. Action to restrain or enjoin nuisance; jurisdiction; remedies. (1) An action to restrain or enjoin a nuisance described in ORS 105.555 or 105.597 may be brought by the Attorney General, district attorney, county attorney, city attorney or a person residing or doing business in the county where the property is located. The action shall be brought in the circuit court in the county where the property is located. Except as provided in subsection (5) of this section, the action may be commenced in the small claims department of the circuit court for the county where the property is located. (2) In addition to any other remedy that may be available under ORS 105.550 to
ORS Chapter 105 — Property Rights

ORS 105.565. Complaint; service; jury trial; admissibility of reputation as evidence. (1) Any action shall be commenced by the filing of a complaint alleging facts constituting the nuisance, and containing a legal description of the property involved and an allegation that the owners of record of the property have been notified of the facts giving rise to the alleged nuisance at least 10 days prior to the filing of the action with the court. The complaint must specify whether the plaintiff will seek the remedy provided in ORS 105.580 (2). (2) The complaint shall be served on owners of record as provided in ORCP 7. No service need be made prior to an application for a temporary restraining order, provided the procedures of ORCP 79 B are followed with regard to all persons entitled to service under this section. (3) Except in those cases tried in the small claims department of a circuit court, any party may demand a trial by jury in any action brought under ORS 105.550 to
ORS Chapter 105 — Property Rights

ORS 105.570. [Formerly 465.140; repealed by 1999 c.168 12]
ORS Chapter 105 — Property Rights

ORS 105.575. Precedence of action on court docket. An action under ORS 105.550 to 105.600 shall have precedence over all other actions, except prior matters of the same character, criminal proceedings and election contests.
ORS Chapter 105 — Property Rights

ORS 105.580. Order of abatement; cancellation. (1) Except as provided in subsection (3) of this section, if the existence of the nuisance is established in the action, an order of abatement shall be entered as part of the general judgment in the case. (2) The order of abatement may direct the effectual closing of the premises, building or place against its use for any purpose, and so keeping it closed for a period of one year, unless sooner released. The court shall not include provisions for the closing of the premises under the provisions of this subsection unless that relief is specifically requested in the complaint. (3) The court, if satisfied of an owners good faith, shall enter no order of abatement as to that owner if the court finds that the owner: (a) Had no knowledge of the existence of the nuisance or has been making reasonable efforts to abate the nuisance; (b) Has not been guilty of any contempt of court in the proceedings; and (c) Will make best efforts to immediately abate any nuisance that may exist and prevent it from being a nuisance for a period of one year thereafter. (4) Except for an order of abatement entered based on the manufacture of a controlled substance, if an order of abatement has been entered and an owner subsequently meets the requirements of this section, the order of abatement shall be canceled as to that owner. (5) If the court enters an order under this section on the basis that the property was used for the manufacture of a controlled substance, the court shall send a copy of the order to the Director of the Oregon Health Authority. The director or the directors designee shall declare the property to be an illegal drug manufacturing site for purposes of ORS 453.855 to 453.912. An order of the court under this section shall not be canceled until the director or the directors designee determines the property to be fit for use. Upon determining the property to be fit for use, the director or designee shall notify the court, which shall cancel the abatement order.
ORS Chapter 105 — Property Rights

ORS 105.585. Costs of securing or decontaminating property as lien; priority of lien; filing notice of pendency. (1) Any costs associated with securing the property under ORS 105.550 to
ORS Chapter 105 — Property Rights

ORS 105.590. Penalty for intentional violation of restraining order. An intentional violation of a restraining order, preliminary injunction or order of abatement under ORS 105.550 to 105.600 is a Class B misdemeanor.
ORS Chapter 105 — Property Rights

ORS 105.595. Action to abate nuisance not to affect other remedies; exception. Except to the extent that a judgment has been entered in the action for damages under ORS
ORS Chapter 105 — Property Rights

ORS 105.600. in ORS 105.555 or 105.597 may seek damages for mental suffering, emotional distress, inconvenience and interference with the use of property suffered by the plaintiff by reason of the activities constituting a nuisance. (3) The court may award reasonable attorney fees to the prevailing party in an action under ORS 105.550 to 105.600 unless the action is commenced and tried in the small claims department of a circuit court. Attorney fees may not be awarded to any party in an action under ORS 105.550 to 105.600 that is commenced and tried in the small claims department of a circuit court. (4) The court may consolidate all actions that relate to the same property and that are brought to restrain or enjoin a nuisance described in ORS 105.555 or 105.597. Consolidation in the small claims department of a circuit court shall be for purposes of trial only. A separate judgment shall be entered for each action in the small claims department of a circuit court. (5) An action may not be brought in the small claims department of a circuit court to restrain or enjoin a nuisance described in ORS 105.555 if the property alleged to be a nuisance is licensed under ORS chapter 471.
ORS Chapter 105 — Property Rights

ORS 105.605. Suits to determine adverse claims. Any person claiming an interest or estate in real property not in the actual possession of another may maintain a suit in equity against another who claims an adverse interest or estate therein for the purpose of determining such conflicting or adverse claims, interests or estates. Any municipal corporation or county of this state claiming any interest or estate in real property which is not in the actual possession of another, including real property acquired by foreclosure of delinquent tax liens situated in the same county, may maintain a suit in equity against all persons who claim an adverse interest or estate in all or any part of the property for the purpose of determining the conflicting or adverse claims, interests or estates. One or more parcels may be included in one suit and the issue made by the pleadings in any suit by a municipality or county relating only to a certain parcel or part of the real property, shall be separately tried and determined upon motion of any interested party.
ORS Chapter 105 — Property Rights

ORS 105.610. Suit to cancel patent of donee under Donation Law. Whenever any person claims real property as a donee of the United States by virtue of a settlement thereon under the Act of Congress approved September 27, 1850, commonly called the Donation Law, or the Acts amendatory thereto, and the patent for such property, or any portion thereof, was wrongfully issued to another, the person may maintain a suit in equity against the person to whom the patent was issued, or those claiming under the person, for the purpose of having the patent canceled, and the estate or interest of the plaintiff in the property ascertained and established. In such suit, the party entitled to and making the settlement under such Acts of Congress, and complying with the subsequent conditions thereby required, is deemed to have a legal estate in fee in the property although the patent therefor was issued to another.
ORS Chapter 105 — Property Rights

ORS 105.615. Action by tenant in common against cotenants. Unless otherwise agreed or provided in a granting document, a tenant in common of real property may acquire fee simple title to the real property by adverse possession as against all other cotenants if the tenant in common or the tenant in commons predecessor in interest has been in possession of the real property, exclusive of all other cotenants, for an uninterrupted period of 20 years or more and has paid all taxes assessed against such property while in possession. Notice of the exclusive possession need not be given to the other cotenants by the cotenant in possession.
ORS Chapter 105 — Property Rights

ORS 105.618. Adverse possession of railroad property. A person may not acquire by adverse possession, as defined in ORS 105.620, property owned by a railroad or used for a railroad operation.
ORS Chapter 105 — Property Rights

ORS 105.620. Acquiring title by adverse possession. (1) A person may acquire fee simple title to real property by adverse possession only if: (a) The person and the predecessors in interest of the person have maintained actual, open, notorious, exclusive, hostile and continuous possession of the property for a period of 10 years; (b) At the time the person claiming by adverse possession or the persons predecessors in interest, first entered into possession of the property, the person entering into possession had the honest belief that the person was the actual owner of the property and that belief: (A) By the person and the persons predecessor in interest, continued throughout the vesting period; (B) Had an objective basis; and (C) Was reasonable under the particular circumstances; and (c) The person proves each of the elements set out in this section by clear and convincing evidence. (2)(a) A person maintains hostile possession of property if the possession is under claim of right or with color of title. Color of title means the adverse possessor claims under a written conveyance of the property or by operation of law from one claiming under a written conveyance. (b) Absent additional supporting facts, the grazing of livestock is insufficient to satisfy the requirements of subsection (1)(a) of this section. (3) As used in this section and ORS 105.005 and 105.615, person includes, but is not limited to, the state and its political subdivisions as created by statute. [1989 c.1069 1; 1991 c.109 2; 1999 c.950 1] UNIFORM DISCLAIMER OF PROPERTY INTERESTS
ORS Chapter 105 — Property Rights

ORS 105.623. (6) A disclaimer is barred if the purpose or effect of the disclaimer is to prevent recovery of money or property to be applied against a judgment for restitution under ORS 137.101 to 137.109. (7) A disclaimer of a power over property that is barred under this section is ineffective. A disclaimer of an interest in property that is barred under this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under ORS 105.623 to 105.649 had the disclaimer not been barred.
ORS Chapter 105 — Property Rights

ORS 105.624. Definitions for ORS 105.623 to 105.649. As used in ORS 105.623 to 105.649: (1) Disclaimant means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made. (2) Disclaimed interest means the interest that would have passed to the disclaimant had the disclaimer not been made. (3) Disclaimer means the refusal to accept an interest in property or a power over property. (4) Fiduciary means a personal representative, trustee, agent acting under a power of attorney or other person authorized to act as a fiduciary with respect to the property of another person. (5) Jointly held property means property held in the name of two or more persons under an arrangement pursuant to which: (a) All holders have concurrent interests; and (b) The last surviving holder is entitled to the whole of the property. (6) Person means an individual, corporation, business trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, public corporation or any other legal or commercial entity. (7) State means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaska Native village, recognized by federal law or formally acknowledged by another state. (8) Trust means: (a) A charitable or noncharitable express trust, including any additions made to the trust, whenever and however created; and (b) A trust created pursuant to a statute or judgment that requires the trust to be administered in the same manner as an express trust.
ORS Chapter 105 — Property Rights

ORS 105.626. Scope. ORS 105.623 to 105.649 apply to disclaimers of any interest in or power over property without regard to when the interest or power that is disclaimed was created.
ORS Chapter 105 — Property Rights

ORS 105.628. Effect on other law. (1) Unless displaced by a provision of ORS 105.623 to 105.649, the principles of law and equity supplement ORS 105.623 to 105.649. (2) ORS 105.623 to 105.649 do not limit any right of a person to waive, release, disclaim or renounce an interest in property, or power over property, under a law other than ORS 105.623 to 105.649.
ORS Chapter 105 — Property Rights

ORS 105.629. Power to disclaim; general requirements; when irrevocable. (1) A person may disclaim, in whole or part, any interest in property or any power over property, including a power of appointment. A person may disclaim the interest or power even if the person who created the interest or power imposed a spendthrift provision or similar restriction on transfer or imposed a restriction or limitation on the right to disclaim. (2) Except to the extent that a fiduciarys right to disclaim is expressly restricted or limited by another statute of this state or by the instrument creating the fiduciary relationship, a fiduciary may disclaim, in whole or part, any interest in property or power over property, including a power of appointment, without regard to whether the fiduciary is acting in a personal or representative capacity. A fiduciary may disclaim the interest or power even if the creator of the interest or power imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim, or an instrument other than the instrument that created the fiduciary relationship imposed a restriction or limitation on the right to disclaim. (3) To be effective, a disclaimer must: (a) Be in writing or otherwise recorded by inscription on a tangible medium or by storage in an electronic or other medium in a manner that allows the disclaimer to be retrieved in perceivable form; (b) Declare that the person disclaims the interest in the property or in the power; (c) Describe the interest in property or power over property that is disclaimed; (d) Be signed by the person making the disclaimer; and (e) Be delivered or filed in the manner provided in ORS 105.642. (4) A partial disclaimer may be expressed as a fraction, percentage, monetary amount, term of years, limitation of a power or as any other interest or estate in the property. (5) A disclaimer is irrevocable when the disclaimer is delivered or filed pursuant to ORS 105.642 or when the disclaimer becomes effective as provided in ORS
ORS Chapter 105 — Property Rights

ORS 105.633. Disclaimer of interest in property. (1) For the purposes of this section: (a) Time of distribution means the time when a disclaimed interest would have taken effect through possession or enjoyment. (b) Future interest means an interest that takes effect through possession or enjoyment, if at all, at a time later than the time that the interest is created. (2) Except for a disclaimer governed by ORS 105.634 or 105.636, the following rules apply to a disclaimer of an interest in property: (a) The disclaimer takes effect when the instrument creating the interest becomes irrevocable or, if the interest arises under the law of intestate succession, when the decedent dies. (b) The disclaimed interest passes according to any provision in the instrument creating the interest providing for the disposition of the specific interest in the event the interest is disclaimed, or according to any provision in the instrument creating the interest providing for the disposition of interests in general in the event the interests created by the instrument are disclaimed. (3) If the instrument creating the interest does not contain a provision described in subsection (2)(b) of this section, or if the interest arises under the law of intestate succession, the following rules apply: (a)(A) If the disclaimant is an individual, except as otherwise provided in subparagraphs (B) and (C) of this paragraph, the disclaimed interest passes as if the disclaimant had died immediately before the time of distribution. (B) If by law or under the instrument the descendants of the disclaimant would share in the disclaimed interest by any method of representation had the disclaimant died before the time of distribution, the disclaimed interest passes only to the descendants of the disclaimant who survive the time of distribution. (C) If the disclaimed interest would pass to the disclaimants estate had the disclaimant died before the time of distribution, the disclaimed interest instead passes by representation to the descendants of the disclaimant who survive the time of distribution. If no descendant of the disclaimant survives the time of distribution, the disclaimed interest passes to those persons, including the state, but excluding the disclaimant, and in such shares, as would succeed to the transferors intestate estate under the intestate succession law of the transferors domicile had the transferor died at the time of distribution. However, if the transferors surviving spouse is living but is remarried at the time of distribution, the transferor is deemed to have died unmarried at the time of distribution. (b) If the disclaimant is not an individual, the disclaimed interest passes as if the disclaimant did not exist. (4) Upon the disclaimer of a preceding interest, a future interest held by a person other than the disclaimant takes effect as if the disclaimant had died or ceased to exist immediately before the time of distribution, but a future interest held by the disclaimant is not accelerated in possession or enjoyment.