Local Improvements and Works Generally

ORS 223.523
Notice of sale

  • publication
  • personal notice to property owner and occupant

(1)

Before a sale of real property under ORS 223.505 (Definitions for ORS 223.505 to 223.595) to 223.590 (Tender of purchase price in action to recover property) takes place, the treasurer shall have notice of the sale printed once a week for four successive weeks in a daily or weekly newspaper, as defined in ORS 193.010 (Definitions for ORS 193.010 and 193.020), generally circulated in the county in which the sale will be held. The notice of sale shall set forth the name and address of the treasurer conducting the sale, a particular description of the real property to be sold, including a street address, if any, the name of the owner of the property, the amount unpaid on the lien or final assessment and the date, time and place of sale, which shall be held in accordance with ORS 86.782 (Sale of property).

(2)

The treasurer shall send a copy of the first of the four published notices by registered or certified mail to both the owner of the real property to be sold at the last-known post-office address of the owner or place of residence and to the occupant, if any, of the real property to be sold. The treasurer shall also send a notice containing the same information required in a published notice under subsection (1) of this section by registered or certified mail at least 60 days prior to the sale to any person requesting notice under ORS 86.806 (Requests for copies of notice of default or notice of sale) and to any person having a lien or other interest in the real property to be sold if the lien or interest appears of record. The treasurer shall retain and file the return receipt for the registered or certified mail. [1977 c.403 §2; 1985 c.231 §1; 1991 c.902 §58; 2009 c.510 §5]

Notes of Decisions

Mortgagor's lien survived foreclosure sale when city failed to notify mortgagor of proposed foreclosure sale. Director of Veterans' Affairs v. Myers, 114 Or App 291, 835 P2d 137 (1992)

§§ 223.510 to 223.590

Law Review Citations

52 OLR 175-189 (1973)

Chapter 223

Notes of Decisions

Fact that ordinance, which charged fee to property owners taking advantage of privilege of making connection to city water system, specified that payment would be secured by liens which would be "enforced" in matter provided by this chapter did not, of itself, show that such charges were "assessments." Montgomery Brothers v. City of Corvallis, 34 Or App 785, 580 P2d 190 (1978)

Circuit court has jurisdiction to determine merits of assessment, but cannot address whether assessment is subject to constitutional limits on property taxes. Martin v. City of Tigard, 14 OTR 517 (1999), aff'd 335 Or 444, 72 P3d 619 (2003)

State statutory procedures for financing local improvements are not exclusive and do not displace consistent local procedures. Baker v. City of Woodburn, 190 Or App 445, 79 P3d 901 (2003), Sup Ct review denied

Source

Last accessed
Jun. 26, 2021

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