Local Improvements and Works Generally

ORS 223.593
Alternate redemption procedure

  • cash payment required


(1)

Notwithstanding ORS 223.565 (Procedure and conditions of redemption) and 223.650 (Redemption), when a local government sells real property under ORS 223.510 (Authority to sell property for delinquent liens and assessments) to 223.590 (Tender of purchase price in action to recover property) or pursuant to a judgment of foreclosure entered in an action authorized by ORS 223.610 (Foreclosure of certain liens by suits in equity) for neglect or refusal by the owner to pay installments under ORS 223.265 (Payment of installments), the property may be redeemed as provided in this section by the owner, a legal representative or a successor in interest or by any other person having a lien on the property.

(2)

Redemption of such real property may be made by paying to the treasurer of the local government, at any time within one year after the date of sale, the following amounts:

(a)

The purchase price at the foreclosure sale and 10 percent thereof as penalty;

(b)

The amount of any taxes, assessments or liens upon the property that are paid after the sale by the purchaser at the sale; and

(c)

Interest on the amounts paid under paragraphs (a) and (b) of this subsection at a rate of 10 percent per annum from the respective times of the payments of the purchase price, taxes, assessments or liens to the date of redemption.

(3)

A redemption of property under this section shall be made for cash. [Formerly 223.670; 2003 c.576 §398; 2003 c.802 §44]
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