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 (Definitions for ORS 105.550 to 105.600) to 105.600 (ORS 105.550 to 105.600 not to limit authority of cities or counties to further restrict activities):

(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 (Definitions for ORS 167.108 to 167.164 and 464.270 to 464.530), 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 (Definitions for ORS 167.109 and 167.112) to 167.164 (Possession of a gray machine).

(c)

Any place that has been determined to be not fit for use under ORS 453.876 (Determination that property is not fit for use) and that has not been decontaminated and certified as fit for use under ORS 453.885 (Decontamination of property) within 180 days after the determination under ORS 453.876 (Determination that property is not fit for use).

(d)

Any place where activity involving the unauthorized delivery, manufacture or possession of a controlled substance, as defined in ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980), 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 475B.337 (Unlawful possession by person 21 years of age or older), 475B.341 (Unlawful possession by person under 21 years of age), 475B.346 (Unlawful delivery of marijuana item) or 475B.349 (Unlawful manufacture of marijuana item) 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 475B.337 (Unlawful possession by person 21 years of age or older), 475B.341 (Unlawful possession by person under 21 years of age), 475B.346 (Unlawful delivery of marijuana item) or 475B.349 (Unlawful manufacture of marijuana item). As used in this paragraph, “devices, equipment, things or substances” does not include hypodermic syringes or needles.

(2)

Nothing in ORS 105.550 (Definitions for ORS 105.550 to 105.600) to 105.600 (ORS 105.550 to 105.600 not to limit authority of cities or counties to further restrict activities), 166.715 (Definitions for ORS 166.715 to 166.735) and 167.158 (Lottery prizes forfeited to county) 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 475B.337 (Unlawful possession by person 21 years of age or older), 475B.341 (Unlawful possession by person under 21 years of age), 475B.346 (Unlawful delivery of marijuana item) or 475B.349 (Unlawful manufacture of marijuana item), 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. [1989 c.846 §3; 1989 c.915 §24; 1999 c.168 §7; 2005 c.706 §1; 2005 c.708 §43; 2011 c.151 §6; 2015 c.98 §4; 2017 c.21 §37]

Notes of Decisions

Under Former Similar Statute (Ors 465.110)

Provision of prospective equitable relief from continuation of nuisances does not circumvent criminal statutes and thereby deny constitutional rights available under such statutes. State ex rel Haas v. Club Recreation, 41 Or App 557, 599 P2d 1194 (1979), Sup Ct review denied

Failure to specifically name "prostitution" does not mean abatement procedures do not apply to places of prostitution. State ex rel Haas v. Club Recreation, 41 Or App 557, 599 P2d 1194 (1979), Sup Ct review denied

Terms "lewdness" and "assignation" are not unconstitutionally vague. State ex rel Haas v. Club Recreation, 41 Or App 557, 599 P2d 1194 (1979), Sup Ct review denied

Separate showing of irreparable harm is not required in civil nuisance abatement proceeding. State ex rel Haas v. Dionne, 42 Or App 851, 601 P2d 894 (1979)

Law Review Citations

In General

27 WLR 351 (1991)

§§ 105.550 to 105.600

Notes of Decisions

Under Former Similar Statutes (Ors 465.110 to 465.180)

As the state has valid interest in prohibiting illegal uses of property and proper safeguards exist, abatement proceedings do not amount to an unconstitutional taking of property. State ex rel Haas v. Club Recreation, 41 Or App 557, 599 P2d 1194 (1979), Sup Ct review denied

Atty. Gen. Opinions

In General

Exemption of nuisance laws from constitutional requirement for payments based on government regulations restricting use of property, (2001) Vol 49, p 284

Chapter 105

Atty. Gen. Opinions

Private process server in a forcible entry and detainer action, (1975) Vol 37, p 869


Source

Last accessed
Jun. 26, 2021