ORS 174.040
Severability

It shall be considered that it is the legislative intent, in the enactment of any statute, that if any part of the statute is held unconstitutional, the remaining parts shall remain in force unless:

(1)

The statute provides otherwise;

(2)

The remaining parts are so essentially and inseparably connected with and dependent upon the unconstitutional part that it is apparent that the remaining parts would not have been enacted without the unconstitutional part; or

(3)

The remaining parts, standing alone, are incomplete and incapable of being executed in accordance with the legislative intent.

Source: Section 174.040 — Severability, https://www.­oregonlegislature.­gov/bills_laws/ors/ors174.­html.

Notes of Decisions

Where statute as amended served dual purpose, correct remedy was one preserving dominant intent of legislature at time of amendment. City University v. Oregon Office of Educ. Policy, 320 Or 422, 885 P2d 701 (1994)

174.010
General rule for construction of statutes 174.020
Legislative intent 174.030
Construction favoring natural right to prevail 174.040
Severability 174.060
Effect of amendment of statute adopted by reference 174.070
Effect of repeal of validating or curative Act 174.080
Effect of repeal of repealing Act 174.090
Effect of repeal of repealing constitutional provision 174.100
Definitions 174.101
“Manufactured structure,” “recreational vehicle” defined 174.102
“Agricultural commodity,” “agricultural product” defined 174.104
“Public notice” defined 174.107
“Person with a disability” defined 174.108
Effect of definitions 174.109
“Public body” defined 174.111
“State government” defined 174.112
“Executive department” defined 174.113
“Judicial department” defined 174.114
“Legislative department” defined 174.116
“Local government” and “local service district” defined 174.117
“Special government body” defined 174.118
Application of definitions to ORS 174.108 to 174.118 174.120
Computation of time 174.125
Computation of time period for personal service 174.127
Singular or plural number 174.129
Statutes, rules and orders to use sex-neutral terms 174.130
Majority can exercise authority given jointly 174.140
Construction of “a surety” or similar words 174.160
Mailing methods authorized in place of notice by registered or certified mail 174.170
Notice by personal service equivalent to notice by mail 174.510
Statute revision of 1953 enacted as law 174.515
Duplicate original of 1953 revision 174.520
General statutes enacted prior to January 12, 1953, repealed 174.530
Construction of statutes enacted as part of 1953 revision 174.535
Construction of reviser’s bills 174.540
Parts of printed statute editions not part of the law 174.550
Statute revision of 1953 substituted for statutes repealed by ORS 174.520 174.580
Oregon Rules of Civil Procedure 174.590
Statutory terminology not intended to preserve procedural distinctions between actions and suits
Green check means up to date. Up to date

Current through early 2024

§ 174.040’s source at oregon​.gov