ORS 275.088
Sale to certain county officers or employees of real property acquired by foreclosure of tax lien

  • disposition of real property or proceeds of sale of real property acquired by ineligible purchaser

(1)

As used in this section:

(a)

“Actual conflict of interest” has the meaning given that term under ORS 244.020 (Definitions).

(b)

“Bona fide purchaser” means a purchaser of a fee simple interest in a single property who acquires the property in an arm’s-length transaction and for fair market value and adequate consideration.

(c)

“Discretionary action” means an action committed to the sound judgment and conscience of a county officer or a county employee, acting in the official capacity of the officer or employee.

(d)

“Ministerial action” means an action requiring obedience to specific instructions or law and allowing little or no discretion in its implementation.

(2)

An elected or appointed county officer as described in ORS 204.005 (Election or appointment of county officers), a family member of the officer or an intermediary of either may not purchase from the county, directly or indirectly, real property obtained by foreclosure of delinquent tax liens.

(3)

A county employee not included under subsection (2) of this section, a family member of the county employee or an intermediary of either may not purchase from the county, directly or indirectly, real property obtained by foreclosure of delinquent tax liens if the county employee has an actual conflict of interest related to the real property. An actual conflict of interest may be created under this section by the discretionary action of a county employee related to the foreclosure, sale or transfer of the real property by the county, but is not created by the ministerial action of the county employee.

(4)

In addition to and not in lieu of a penalty or sanction that may apply under ORS chapter 244 or otherwise, if real property is purchased in violation of this section, the county officer or employee shall:

(a)

Transfer the real property to the county for the amount paid for the property less an amount for expenses incurred by the county; or

(b)

If the real property has been transferred by the county officer or employee to a bona fide purchaser, transfer to the county the amount received for the sale to a bona fide purchaser less the amount paid to obtain the property from the county. [2001 c.180 §2]

Source: Section 275.088 — Sale to certain county officers or employees of real property acquired by foreclosure of tax lien; disposition of real property or proceeds of sale of real property acquired by ineligible purchaser, https://www.­oregonlegislature.­gov/bills_laws/ors/ors275.­html.

275.020
Form and effect of conveyance to county 275.027
Adverse possession of county lands 275.030
Sale of real estate not in use for county purposes 275.040
Conveyance pursuant to ORS 275.030 275.060
Authority to exchange lands offered for sale and not sold 275.070
Sale or donation to United States, state, government corporation or Indian tribe 275.080
Sale of county lands for public water supply purposes 275.088
Sale to certain county officers or employees of real property acquired by foreclosure of tax lien 275.090
Powers of county as to lands acquired on foreclosure of tax liens, or by exchange, devise or gift 275.105
Acquisition by county of 90 percent of the lots in a plat for taxes and purchase of remaining lots 275.110
Order to sell certain county lands 275.120
Sheriff’s notice of sale 275.130
Claims of municipal corporations against the land to be filed prior to sale 275.140
Time and place of sale 275.150
Certificate of sale 275.160
Sale return 275.180
Sale to record owner or contract purchaser of property 275.188
Definitions for ORS 275.110 to 275.250 275.190
Cash or installment sale 275.200
Sale of land not sold by sheriff 275.210
Filing of purchase agreement 275.220
Procedure upon default or breach under land sale contract 275.225
Sale of county land by private sale 275.240
Taxation of county lands sold under purchase agreement 275.250
Notice to county assessor of sale or resale 275.260
Lands acquired by county on tax foreclosure exempt from taxes of other taxing districts 275.275
Distribution of proceeds 275.290
Sale or lease of timber on county lands 275.294
Sale or lease of right to prospect for and remove minerals or oil and gas from county lands 275.296
Validation of certain conveyances prior to August 3, 1955 275.298
Sale of minerals or mineral rights 275.300
Sale of mineral or other interest in county lands less than fee 275.310
Partition of land in which county has acquired interest 275.312
Conveyance by county of reserved or excepted mineral rights 275.314
Contents of application 275.316
Notice of hearing 275.318
Sale or lease of land located in industrial use zone 275.320
Designation of county forests, parks and recreational areas 275.330
Conveyance of county forests, parks or recreational areas 275.335
Exchanging land within county forest 275.340
Sale or lease of forest products, minerals or oil and gas from county forestland 275.360
Recording orders of county 275.370
Validation of conveyances prior to January 1, 1941
Green check means up to date. Up to date

Current through early 2024

§ 275.088’s source at oregon​.gov