Construction of Statutes

ORS 174.040

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:


The statute provides otherwise;


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


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

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)

Chapter 174

Law Review Citations

32 WLR 1 (1996); 34 WLR 219 (1998)


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Jun. 26, 2021