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

ORS 105.895. Requirements for easement creation by instrument; recordation. (1) Any instrument creating a solar energy easement or any other access right to sunlight shall contain: (a) A legal description of the real property benefited and burdened by the easement; and (b) A description of the solar energy easement sufficient to determine the space over the burdened property which must remain unobstructed by means that shall include, but not be limited to: (A) A sun chart showing the plotted skyline, including vegetation and structures from the perspective of the center of the lower edge of the collector surface, and a drawing showing the size and location of the collector surface being protected and its orientation with respect to true south; or (B) A description of the solar envelope sufficient to determine the space over the burdened property that must remain unobstructed. (2) The instrument creating a solar energy easement or any other access right to sunlight shall be recordable under ORS 93.710. The instrument shall be recorded in the chains of title of the benefited and burdened properties as a transfer of the easement or access right from the owner of the burdened property to the owner of the benefited property. (3) When an instrument creating a solar energy easement is issued by a city or otherwise requires approval from a city, the instrument shall be attested to and contain the original signature of a city official in addition to the descriptions and chart required under subsection (1) of this section. (4) An instrument creating a solar energy easement shall be indexed when recorded by the name of the city and the names of all parties claiming any interest in the real property benefited or burdened by the easement. [1979 c.671 8; 1981 c.590 6; 1981 c.722 8; 1991 c.230 23] WIND ENERGY EASEMENTS
ORS Chapter 105 — Property Rights

ORS 105.900. Wind energy easement defined for ORS 105.905 and 105.910. As used in ORS
ORS Chapter 105 — Property Rights

ORS 105.905. Wind energy easement appurtenant; termination. (1) A wind energy easement shall be appurtenant to and run with the real property benefited and burdened by the easement. (2) A wind energy easement shall terminate: (a) Upon occurrence of the conditions stated in the creating instrument; (b) By judgment of a court based upon abandonment or changed conditions; or (c) At any time by agreement of all the owners of the benefited and burdened property.
ORS Chapter 105 — Property Rights

ORS 105.910. Requirements for easement creation by instrument; recordation. (1) An instrument creating a wind energy easement shall include: (a) A legal description of the real property benefited and burdened by the easement; (b) A description of the dimensions of the easement sufficient to determine the horizontal space across and the vertical space above the burdened property that must remain unobstructed; (c) The restrictions placed upon vegetation, structures and other objects that would impair or obstruct the wind flow across and through the easement; and (d) The terms or conditions, if any, under which the easement may be changed or terminated. (2) The instrument creating a wind energy easement shall be recordable under ORS 93.710. If recorded, the instrument shall be recorded as a transfer of the easement from the owner of the burdened property to the owner of the benefited property.
ORS Chapter 105 — Property Rights

ORS 105.915. Recording instrument creating lease or lease option of real property for wind energy conversion system; requirements. (1) An instrument creating a lease or an option to lease real property or the vertical space above real property for a wind energy conversion system or for wind measuring equipment shall be recordable under ORS 93.710. (2) An instrument described in subsection (1) of this section shall contain: (a) The parties names; (b) A legal description of the real property involved; (c) The nature of the interest created; (d) The consideration paid for the transfer; and (e) The terms or conditions, if any, under which the interest may be revised or terminated. (3) As used in this section, wind energy conversion system means any device, supporting structure, mechanism or series of mechanisms that uses wind for the production of electricity or a mechanical application. [1981 c.590 4] PERSONAL PROPERTY RIGHTS
ORS Chapter 105 — Property Rights

ORS 105.920. Joint tenancy in personal property; creation. There shall be a form of co-ownership of personal property known as joint tenancy. A joint tenancy shall have the incidents of survivorship and severability as at common law. A joint tenancy may be created only by a written instrument which expressly declares the interest created to be a joint tenancy. It may be created by a transfer or bequest from a sole owner to others, or to the sole owner and others; or from tenants in common or joint tenants to others, or to themselves or some of them, or to themselves or any of them and others; or from spouses married to each other, when holding title as community property or otherwise, to others, or to themselves, or to one of them and to another or others. A transfer or bequest creating a joint tenancy shall not derogate from the rights of creditors. [Formerly 91.355; 2015 c.629 6] MOTOR VEHICLE EVENT DATA RECORDERS
ORS Chapter 105 — Property Rights

ORS 105.925. Definitions for ORS 105.925 to 105.945. As used in ORS 105.925 to 105.945: (1) Event data recorder has the meaning given that term in 49 C.F.R 563.5, as in effect on January 1, 2008. (2) Owner means a person: (a) In whose name a motor vehicle is registered or titled; (b) Who leases a motor vehicle for at least three months; (c) Who is entitled to possession of a motor vehicle as the purchaser under a security agreement; or (d) Who is the attorney in fact, conservator or personal representative for a person described in paragraphs (a) to (c) of this subsection.
ORS Chapter 105 — Property Rights

ORS 105.928. Ownership of recorded data. Except as specifically provided under ORS 105.925 to
ORS Chapter 105 — Property Rights

ORS 105.932. Effect of vehicle ownership transfer on ownership of data; prohibited insurer and lessor actions. (1) Data on a motor vehicle event data recorder does not become the property of a lienholder or insurer solely because the lienholder or insurer succeeds in ownership of a motor vehicle as a result of an accident. (2) An insurer may not condition the payment or settlement of an owners claim on the owners consent to the retrieval or use of the data on a motor vehicle event data recorder. (3) An insurer or lessor of a motor vehicle may not require an owner to consent to the retrieval or use of the data on a motor vehicle event data recorder as a condition of providing the policy or lease.
ORS Chapter 105 — Property Rights

ORS 105.935. Court order for retrieval or use of data by law enforcement officers or certain emergency service providers. Data from a motor vehicle event data recorder may be retrieved or used without the consent of the owner after an accident if a court orders the production of the data based on a determination by the court that: (1) A law enforcement officer has probable cause to believe that a crime has occurred and that the data is relevant to the investigation of the crime; or (2) A law enforcement officer, firefighter or emergency medical services provider seeks to obtain the data in the course of responding to or investigating an emergency involving the physical injury or the risk of physical injury to any person.
ORS Chapter 105 — Property Rights

ORS 105.938. Court order for retrieval or use of data by insurer. (1) Upon petition of an insurer, a court may order that data from a motor vehicle event data recorder be retrieved or used without the consent of the owner of the motor vehicle after an accident if the court determines that: (a) The owner has a policy of insurance for the vehicle issued by the insurer; (b) The data is necessary to reconstruct the facts of the accident and to allow the insurer to determine the obligations of the insurer under the insurance policy; and (c) An accurate and timely determination of the facts of the accident cannot occur without the data. (2) A petition under this section must be filed in the circuit court for the county in which the owner of the motor vehicle resides. The petition must be served on the owner in the manner provided by ORCP 7 not less than 30 days before a hearing on the petition. An insurer filing a petition under this section must pay the filing fee specified by ORS 21.135.
ORS Chapter 105 — Property Rights

ORS 105.942. Retrieval or use of data for responding to medical emergency, for medical research or for vehicle servicing or repair. (1) Data from a motor vehicle event data recorder may be retrieved or used without the consent of the owner to facilitate or determine the need for emergency medical care for the driver or passenger of a motor vehicle that is involved in a motor vehicle crash or other emergency, including the retrieval of data from a company that provides subscription services to the owner of a motor vehicle for in-vehicle safety and security communications systems. (2) Data from a motor vehicle event data recorder may be retrieved or used without the consent of the owner to facilitate medical research of the human bodys reaction to motor vehicle crashes if: (a) The identity of the owner or driver is not disclosed in connection with the retrieved data; and (b) The last four digits of the vehicle identification number are not disclosed. (3) Data from a motor vehicle event data recorder may be retrieved or used without the consent of the owner to diagnose, service or repair a motor vehicle.
ORS Chapter 105 — Property Rights

ORS 105.945. Exempted data. ORS 105.925 to 105.945 do not apply to data that is stored or transmitted pursuant to a subscription service agreement for the use of a recording device to record a history of where a motor vehicle travels or for the transmission of data to a central communications system. [2007 c.644 6] RULE AGAINST PERPETUITIES
ORS Chapter 105 — Property Rights

ORS 105.950. Statutory rule against perpetuities. (1) A nonvested property interest is invalid unless: (a) When the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or (b) The interest either vests or terminates within 90 years after its creation. (2) A general power of appointment, not presently exercisable because of a condition precedent, is invalid unless: (a) When the power is created, the condition precedent is certain to be satisfied or become impossible to satisfy no later than 21 years after the death of an individual then alive; or (b) The condition precedent either is satisfied or becomes impossible to satisfy within 90 years after its creation. (3) A nongeneral power of appointment or a general testamentary power of appointment is invalid unless: (a) When the power is created, it is certain to be irrevocably exercised or otherwise to terminate no later than 21 years after the death of an individual then alive; or (b) The power is irrevocably exercised or otherwise terminates within 90 years after its creation. (4) In determining whether a nonvested property interest or a power of appointment is valid under subsection (1)(a), (2)(a) or (3)(a) of this section, the possibility that a child will be born to an individual after the individuals death is disregarded. (5) The language in a governing instrument is inoperative to the extent it produces a period of time that exceeds 21 years after the death of the survivor of the specified lives if, in measuring a period from the creation of a trust or other property arrangement, that language seeks: (a) To disallow the vesting or termination of any interest or trust beyond the later of: (A) The expiration of a period of time not exceeding 21 years after the death of the survivor of the specified lives in being at the creation of the trust or other property arrangement; or (B) The expiration of a period of time that exceeds or might exceed 21 years after the death of the survivor of lives in being at the creation of the trust or other property arrangement. (b) To postpone the vesting or termination of any interest or trust until: (A) The expiration of a period of time not exceeding 21 years after the death of the survivor of the specified lives in being at the creation of the trust or other property arrangement; or (B) The expiration of a period of time that exceeds or might exceed 21 years after the death of the survivor of lives in being at the creation of the trust or other property arrangement. (c) To operate in effect in any similar fashion upon: (A) The expiration of a period of time not exceeding 21 years after the death of the survivor of the specified lives in being at the creation of the trust or other property arrangement; or (B) The expiration of a period of time that exceeds or might exceed 21 years after the death of the survivor of lives in being at the creation of the trust or other property arrangement.
ORS Chapter 105 — Property Rights

ORS 105.955. When nonvested property interest or power of appointment created. (1) Except as provided in subsections (2) and (3) of this section and in ORS 105.970 (1), the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law. (2) For purposes of ORS 105.950 to 105.975, if there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of either a nonvested property interest or a property interest subject to a power of appointment described in ORS 105.950 (2) or (3), the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates. (3) For purposes of ORS 105.950 to 105.975, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created.
ORS Chapter 105 — Property Rights

ORS 105.960. Reformation. Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferors manifested plan of distribution and is within the 90 years allowed by ORS 105.950 (1)(b), (2)(b) and (3)(b) if: (1) A nonvested property interest or a power of appointment becomes invalid under ORS 105.950, statutory rule against perpetuities; (2) A class gift is not but might become invalid under ORS 105.950, statutory rule against perpetuities, and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or (3) A nonvested property interest that is not validated by ORS 105.950 (1)(a) can vest but not within 90 years after its creation.
ORS Chapter 105 — Property Rights

ORS 105.965. Exclusions from statutory rule against perpetuities. ORS 105.950, statutory rule against perpetuities, does not apply to: (1) A nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of appointment arising out of: (a) A premarital or postmarital agreement; (b) A separation or divorce settlement; (c) A spouses election; (d) A similar arrangement arising out of a prospective existing or previous marital relationship between the parties; (e) A contract to make or not to revoke a will or trust; (f) A contract to exercise or not to exercise a power of appointment; (g) A transfer in satisfaction of a duty of support; or (h) A reciprocal transfer; (2) A fiduciarys power relating to the administration or management of assets, including the power of a fiduciary to sell, lease or mortgage property, and the power of a fiduciary to determine principal and income; (3) A power to appoint a fiduciary; (4) A discretionary power of a trustee to distribute principal before termination of a trust to a beneficiary having an indefeasibly vested interest in the income and principal; (5) A nonvested property interest held by a charity, government or governmental agency or subdivision, if the nonvested property interest is preceded by an interest held by another charity, government or governmental agency or subdivision; (6) A nonvested property interest in or a power of appointment with respect to a trust or other property arrangement forming part of a pension, profit sharing, stock bonus, health, disability, death benefit, income deferral or other current or deferred benefit plan for one or more employees, independent contractors or their beneficiaries or spouses, to which contributions are made for the purpose of distributing to or for the benefit of the participants or their beneficiaries or spouses the property, income or principal in the trust or other property arrangement, except a nonvested property interest or a power of appointment that is created by an election of a participant or a beneficiary or spouse; (7) A property interest, power of appointment or arrangement that was not subject to the common-law rule against perpetuities or is excluded by another statute of this state; or (8) A stewardship trust created pursuant to ORS 130.193 if the terms of the trust clearly elect that the statutory rule against perpetuities not apply to the trust and include a reference to this subsection.
ORS Chapter 105 — Property Rights

ORS 105.970. Prospective application. (1) Except as extended by subsection (2) of this section, ORS 105.950 to 105.975 apply to a nonvested property interest or a power of appointment that is created on or after January 1, 1990. For purposes of this section, a nonvested property interest or a power of appointment created by the exercise of a power of appointment is created when the power is irrevocably exercised or when a revocable exercise becomes irrevocable. (2) If a nonvested property interest or a power of appointment was created before January 1, 1990, and is determined in a judicial proceeding, commenced on or after January 1, 1990, to violate this states rule against perpetuities as that rule existed before January 1, 1990, a court upon the petition of an interested person may reform the disposition in the manner that most closely approximates the transferors manifested plan of distribution and is within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created.
ORS Chapter 105 — Property Rights

ORS 105.975. Short title; application and construction; supersession and repeal of common law. (1) ORS 105.950 to 105.975 shall be cited as the Uniform Statutory Rule Against Perpetuities. (2) ORS 105.950 to 105.975 shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of ORS 105.950 to
ORS Chapter 105 — Property Rights

ORS 105.980. Xeriscaping. (1) As used in this section: (a) Commercial or industrial property means property that is not used primarily for residential occupancy or for local government purposes. (b) Local government has the meaning given that term in ORS 174.116. (c) Xeriscaping means the selection of drought tolerant plants, the minimization of evaporation and runoff and the use of other landscape design features that minimize the need of the landscape for supplemental water from irrigation. (2) Except as provided in subsection (3) of this section, an owner or occupant of a commercial or industrial property may install xeriscaping on landscaped portions of the property that are not otherwise set aside, dedicated or used to comply with a local government ordinance, rule or regulation regarding: (a) Stormwater management; (b) The preservation of natural habitat and tree canopy; or (c) The control of invasive plant species. (3) Subsection (2) of this section does not prohibit a local government from enforcing any contractual right of the local government with regard to the installation and maintenance of landscaping for a commercial or industrial structure developed in whole or in part with funding provided by the local government. [2011 c.178 1] _______________
ORS Chapter 109 — Parent and Child Rights and

ORS 109.001. enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 109 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS Chapter 109 — Parent and Child Rights and

ORS 109.003. Attorney fees; intervenor. In any proceeding brought under this chapter, an authorization of attorney fees to a party also authorizes an award of attorney fees to or against any person who has appeared or intervened in the proceeding.
ORS Chapter 109 — Parent and Child Rights and

ORS 109.010. Duty of support. Parents are bound to maintain their children who are poor and unable to work to maintain themselves; and children are bound to maintain their parents in like circumstances.
ORS Chapter 109 — Parent and Child Rights and

ORS 109.012. Liability of parents for expenses and education of children. (1)(a) The expenses of a minor child and the education of the minor child are chargeable upon the property of either or both parents who have not married each other. The parents may be sued jointly or separately for the expenses and education of the minor child. (b) This subsection applies to a person who is asserted to be a parent of the minor child only when: (A) A voluntary acknowledgment of paternity form has been filed in this or another state and the period for rescinding or challenging the voluntary acknowledgment on grounds other than fraud, duress or material mistake of fact has expired; or (B) Parentage has been established pursuant to an order or judgment entered under ORS 25.550 or 109.124 to 109.230. (c) As used in this subsection, expenses of a minor child includes only expenses incurred for the benefit of a minor child. (2) Notwithstanding subsection (1) of this section, a parent is not responsible for debts contracted by the other parent after the separation of one parent from the other parent, except for debts incurred for maintenance, support and education of the minor child of the parents. (3) For the purposes of subsection (2) of this section, parents are considered separated if they are living in separate residences without intention of reconciliation at the time the debt is incurred. The court may consider the following factors in determining whether the parents are separated, in addition to other relevant factors: (a) Whether the parents subsequently reconciled. (b) The number of separations and reconciliations of the parents. (c) The length of time the parents lived apart. (d) Whether the parents intend to reconcile. (4) An action under this section must be commenced within the period otherwise provided by law.
ORS Chapter 109 — Parent and Child Rights and

ORS 109.015. Proceedings for child support if child receives public assistance. If public assistance, as defined in ORS 25.501, is provided for any dependent child, the administrator, as defined in ORS 25.010, may initiate proceedings under ORS chapter 18, 107, 108, 109, 110 or 125 or ORS 25.010 to 25.243, 25.378, 25.402, 25.501 to 25.556 or 419B.400 to obtain support for the child from one or both parents or from any other person legally responsible for the support of the child, including a guardian or conservator. In any proceeding under any statute cited in this section, the obligee is a party.