ORS 205.320
Fees collected by county clerk
- use of portion of certain fees
(1)
In every county there shall be charged and collected in advance by the county clerk, for the benefit of the county, the following fees, and no more, for the following purposes and services:(a)
For filing and making entry when required by law of any instrument required or permitted by law to be filed, when it is not recorded, $5 for each page.(b)
For filing and making entry of the assignment or satisfaction of any filed, but not recorded, instrument, $5 for each page.(c)
For each official certificate, $3.75.(d)
Intentionally left blank —Ed.(A)
For recording any instrument required or permitted by law to be recorded, $5 for each page, but the minimum fee shall not be less than $5. As used in this subparagraph, “page” means one side of a sheet 14 inches, or less, long and 8-1/2 inches, or less, wide.(B)
For supplying to private parties copies of records or files, including by electronic delivery of images, not more than $3.75 for locating a record requested by the party and 25 cents for each page. As used in this subparagraph, “page” means one side of a sheet 14 inches, or less, long and 8-1/2 inches, or less, wide.(C)
For each official certificate, $3.75.(e)
For taking an affidavit for and making and issuing a marriage license and registering the return of the license, or for taking an affidavit for and registering a Declaration of Domestic Partnership, $25.(f)
For solemnizing a marriage under ORS 106.120 (Who may solemnize marriage), $117. This paragraph does not require that the county clerk charge a fee for solemnizing a marriage after normal working hours or on Saturdays or legal holidays. This paragraph does not prohibit a county clerk from charging and accepting a personal payment for solemnizing a marriage if otherwise authorized by ORS 106.120 (Who may solemnize marriage).(g)
For taking and certifying acknowledgment or proof of execution of any instrument, the fee established in the schedule adopted by the Secretary of State under ORS 194.400 (Fees for notarial acts).(h)
For issuing any license required by law, other than a marriage or liquor license, and for which no fee is otherwise provided by law, $5.(i)
For any service the clerk may be required or authorized to perform and for which no fee is provided by law, such fees as may favorably compare with those established by this section for similar services and as may be established by order or rule of the county court or board of county commissioners.(j)
For recording any instrument under ORS 205.130 (Recording duties of county clerk) (2), as required by ordinance pursuant to ORS 203.148 (Public Land Corner Preservation Fund).(k)
In addition to and not in lieu of the fees charged under paragraph (d) of this subsection, for each additional municipal assessment lien recorded under ORS 93.643 (Method of giving constructive notice of interest in real property), $5.(L)
In addition to and not in lieu of the fees charged under paragraph (d) of this subsection, for each additional assignment, release or satisfaction of any recorded instrument, $5.(m)
In addition to and not in lieu of the fees charged under paragraph (d) of this subsection, for each additional transaction described under ORS 205.236 (Labeling of instrument to be recorded), $5.(n)
In addition to and not in lieu of the fees charged under paragraph (d) of this subsection, for each additional lien recorded under ORS 311.675 (Recording liens), $5.(o)
For preparing and recording the certificate under ORS 517.280 (Certificate of ownership), $20 or such other fee that is established by the county governing body.(p)
In addition to and not in lieu of the fees charged under paragraph (d) of this subsection, for each additional claim listed on an affidavit of annual compliance under ORS 517.210 (Recording affidavit of annual compliance), $5.(q)
In addition to and not in lieu of the fees charged under paragraph (d) of this subsection, for each additional name listed on a cooperative contract under ORS 62.360 (Recording cooperative contracts) (2) or for recording the termination of a cooperative contract under ORS 62.360 (Recording cooperative contracts) (4), $5.(2)
Notwithstanding any other law, five percent of any fee or tax that is not collected for the benefit of the county clerk shall be deducted from the fee or tax. The moneys deducted shall be expended for acquiring storage and retrieval systems, payment of expenses incurred in collecting the fee or tax and maintaining and restoring records as authorized by the county clerk. Moneys collected under this subsection shall be deposited in a county clerk records fund established by the county governing body. No moneys shall be deducted under this subsection from:(a)
Fees collected for the Domestic Violence Fund under ORS 106.045 (Fee for marriage license).(b)
Fees collected for conciliation services under ORS 107.615 (Fees to support services).(c)
Real estate transfer taxes enacted prior to January 1, 1998.(d)
Fees collected under ORS 205.323 (Additional fees for recording certain instruments) for the Oregon Land Information System Fund.(e)
Fees collected under ORS 205.323 (Additional fees for recording certain instruments) (1)(c) for the housing-related programs listed in ORS 294.187 (County Assessment and Taxation Fund) (2)(b). [Amended by 1957 c.359 §1; 1965 c.619 §38; 1971 c.621 §25; 1975 c.607 §24; 1979 c. 724 §6; 1979 c.833 §25; 1981 c.835 §13; 1981 s.s. c.3 §98; 1983 c.393 §24; 1985 c.582 §6; 1987 c.469 §2; 1987 c.586 §35; 1989 c.976 §35; 1991 c.230 §17; 1997 c.253 §1; 1999 c.654 §22; 2001 c.713 §3; 2003 c.565 §2; 2007 c.99 §14; 2009 c.18 §1; 2013 c.219 §57; 2015 c.27 §22; 2015 c.168 §3; 2017 c.663 §23; 2019 c.402 §2; 2019 c.605 §23]
Source:
Section 205.320 — Fees collected by county clerk; use of portion of certain fees, https://www.oregonlegislature.gov/bills_laws/ors/ors205.html.
Attorney General Opinions
Construing 1971 amendment as to fees charged to record inheritance tax receipts, (1971) Vol 35, p 976; minimum probate filing fees for “small estates,” (1974) Vol 37, p 212; county use of fees collected, (1976) Vol 37, p 1013; construing “favorably compare,” (1976) Vol 37, p 1013
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