County Clerks

ORS 205.323
Additional fees for recording certain instruments

  • use of fees

(1)

In addition to and not in lieu of the fees charged and collected under ORS 205.320 (Fees collected by county clerk) and other fees, the county clerk shall charge and collect the following fees for the recording or filing of any instrument described in ORS 205.130 (Recording duties of county clerk):

(a)

A fee of $1, to be credited as provided in subsection (4)(a) of this section;

(b)

A fee of $10, to be credited as provided in subsection (4)(b) of this section; and

(c)

A fee of $60, to be credited as provided in subsection (4)(c) of this section.

(2)

Subsection (1) of this section does not apply to the recording or filing of the following:

(a)

Instruments that are otherwise exempt from recording or filing fees under any provision of law;

(b)

Any satisfaction of judgment or certificate of satisfaction of judgment; or

(c)

Internal county government instruments not otherwise charged a recording or filing fee.

(3)

Subsection (1)(c) of this section does not apply to the recording or filing of:

(a)

Instruments required under ORS 517.210 (Recording affidavit of annual compliance) to maintain mining claims;

(b)

Warrants issued by the Employment Department pursuant to ORS 657.396 (Alternative remedies for collection of amounts liable to be repaid), 657.642 (Alternative remedies for collection of taxes, interest and penalties) and 657.646 (Use of warrant to collect amount of judgment); or

(c)

A certified copy of a judgment, a lien record abstract as described in ORS 18.170 (Form for lien record abstract) or a satisfaction of a judgment, including a judgment noticed by recordation of a lien record abstract.

(4)

Of the amounts charged and collected under this section:

(a)

The recording or filing fee charged and collected under subsection (1)(a) of this section must be deposited and credited to the Oregon Land Information System Fund established under ORS 306.132 (Oregon Land Information System Fund).

(b)

The recording or filing fee charged and collected under subsection (1)(b) of this section shall be credited as follows:

(A)

Five percent of the fee must be credited for the benefit of the county;

(B)

Five percent of the fee must be credited for the benefit of the county clerk for the purposes described in ORS 205.320 (Fees collected by county clerk) (2); and

(C)

90 percent of the fee must be credited to and deposited in the County Assessment and Taxation Fund created under ORS 294.187 (County Assessment and Taxation Fund).

(c)

The recording or filing fee charged and collected under subsection (1)(c) of this section must be credited to and deposited in the County Assessment and Taxation Fund created under ORS 294.187 (County Assessment and Taxation Fund).

(5)

The Department of Revenue and county tax collectors are exempt from paying the fee under subsection (1)(c) of this section. [1989 c.796 §15; 1999 c.701 §3; 1999 c.788 §61; 1999 c.803 §8; 2001 c.501 §10; 2001 c.713 §5; 2009 c.18 §2; 2013 c.646 §1; 2015 c.27 §23; 2018 c.109 §10]
Source

Last accessed
Jun. 26, 2021

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