Limitations of Actions and Suits

ORS 12.250
Actions by state, county or public corporations

Unless otherwise made applicable thereto, the limitations prescribed in this chapter shall not apply to actions brought in the name of the state, or any county, or other public corporation therein, or for its benefit.

Notes of Decisions

There is no distinction between governmental and proprietary functions of state as landowner, insofar as statute of limitations is concerned. State ex rel Highway Division v. Rosanbalm, 31 Or App 717, 571 P2d 537 (1977), Sup Ct review denied

ORS 12.250 and 275.027 are properly viewed not as limiting ability of adverse possessors to acquire title to county lands, but as removing impediment to county’s ability to defend its record title to real property. Coos County v. State of Oregon, 303 Or 173, 734 P2d 1348 (1987)

Reference to limitations prescribed in chapter does not change government’s general immunity from application of limitation provisions both within and without chapter. City of Medford v. Budge-McHugh Supply Co., 91 Or App 213, 754 P2d 607 (1988), Sup Ct review denied

Reference to “other public corporation therein” extends exemption for state and counties to also include irrigation districts and other corporations formed for public purpose or benefit. Shasta View Irrigation District v. Amoco Chemicals Corp., 329 Or 151, 986 P2d 536 (1999)

Source

Last accessed
May 26, 2023

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