Local Improvements and Works Generally

ORS 223.525
Conduct of foreclosure sale


(1)

Each lawfully established unit of land or tract must be sold separately and for a sum equal to or exceeding the greater of:

(a)

The amount of the unpaid final assessment plus interest, penalties and the costs of conducting the sale; or

(b)

Seventy-five percent of the total assessed value of the real property, as determined by the assessor of the county in which the land and improvements are located.

(2)

If more than one bid equals or exceeds the minimum sum for which real property may be sold under this section, the real property must be sold to the highest bidder.

(3)

If none of the bids equals or exceeds the minimum sum for which real property may be sold under this section or the sale is not completed for any other reason, the real property may be offered for sale as provided in ORS 223.560 (Unsold property reoffered).

(4)

If the sum received for the sale of real property under this section exceeds the amount of the unpaid final assessment, plus interest, penalties and the costs of conducting the sale, the treasurer shall apply the proceeds of the sale as follows:

(a)

To the costs of conducting the sale.

(b)

To the unpaid final assessment or installment secured by the lien and the interest and penalties.

(c)

To persons with recorded liens or other interest in the real property in the order of their priority.

(d)

To the debtor or the debtor’s heirs or assigns.

(5)

A levy is not required upon lawfully established units of land or tracts on the list described in ORS 223.515 (Preparation, transmission and contents of delinquent list), but a notice of sale must be posted four consecutive weeks before the sale of each lawfully established unit of land or tract. [Amended by 1977 c.403 §3; 1991 c.902 §59; 2012 c.47 §3]
§§ 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