Local Improvements and Works Generally

ORS 223.575
Legal and evidentiary effect of deed


The effect of the deed shall be to convey to the grantee therein named the legal and equitable title in fee simple, to the real property described in the deed, excepting only the lien of a local government on such assessments or liens as were not included in the foreclosure proceedings. The deed shall be prima facie evidence of title in the grantee, except as stated in this section, and that all proceedings and acts necessary to make such deed in all respects good and valid have been had and done. Such prima facie evidence shall not be disputed, overcome or rebutted, or the effect thereof avoided, except by satisfactory proof of either:

(1)

Fraud in making the final assessment or in the final assessment, or in the procuring of the lien.

(2)

Payment of the final assessment or lien before sale or redemption after sale.

(3)

That payment or redemption was prevented by fraud of the purchaser.

(4)

That the property was sold for a lien or final assessment for which neither the property nor its owner, at the time of sale, was liable, and that no part of the final assessment or lien was assessed or levied upon the property sold. [Amended by 1991 c.902 §67; 2003 c.802 §43]

Notes of Decisions

Because city failed to give notice of proposed foreclosure sale to lienholder, lien was not included in foreclosure proceeding and purchaser took property subject to lien. 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