When and how partition prevented
Source:
Section 105.210 — When and how partition prevented, https://www.oregonlegislature.gov/bills_laws/ors/ors105.html
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Notes of Decisions
Absent evidence that prejudice would result if public sale were ordered pursuant to ORS 105.205, court was without authority to order private sale. Fike v. Sharer, 280 Or 577, 571 P2d 1252 (1977); Maupin v. Opie, 156 Or App 52, 964 P2d 1117 (1998), Sup Ct review denied
In determining whether public sale would result in great prejudice to party, financial prejudice resulting from lower public sale price is given greater weight than prejudice from loss of sentimental interest in property. Fike v. Sharer, 280 Or 577, 571 P2d 1252 (1977)
Where multiple owners of property exist, prejudice to single owner is sufficient to prohibit public sale. Fike v. Sharer, 280 Or 577, 571 P2d 1252 (1977)
Where partition action results in private sale, party initiating action for partition must be seller of interest in property. Maupin v. Opie, 156 Or App 52, 964 P2d 1117 (1998), Sup Ct review denied