Conveyancing and Recording

ORS 93.274
Procedure for removal of discriminatory restrictions

(1)(a) Notwithstanding ORS 93.272 (Procedure for removal of certain restrictions), any owner of record of real property that is subject to an instrument conveying or contracting to convey fee title to the property, or a declaration recorded under ORS 94.580 (Declaration), that contains a provision that is in violation of ORS 93.270 (Certain restrictions in instruments prohibited) (1)(a) may file a petition under this section to remove that provision from the title to the property. The petition shall be filed in the circuit court for the county in which the property is located. For a petition filed under this section, the court may not charge any filing fees to the petitioner and may not award a prevailing party fee to any party.

(b)

An owner may not use this section for removal of provisions that are in violation of both ORS 93.270 (Certain restrictions in instruments prohibited) (1)(a) and (b).

(2)

A petition filed under this section must contain:

(a)

The name and mailing address of the person filing the petition;

(b)

The name and mailing address of all owners of record of the property;

(c)

The legal description of the property subject to the provision in violation of ORS 93.270 (Certain restrictions in instruments prohibited) (1)(a); and

(d)

A clear reference to the provision claimed to be in violation of ORS 93.270 (Certain restrictions in instruments prohibited) (1)(a).
(3)(a) Notwithstanding ORCP 7, notice and a copy of the petition shall be served on all owners of record of the property via registered or certified mail.

(b)

The petitioner shall submit to the court a sworn affidavit certifying the petitioner made a good faith effort to notify, in the manner required under this subsection, all owners of record of petitioner’s intent to file the petition.

(4)

The notice required under subsection (3) of this section shall inform the owners of record that:

(a)

The petition seeks the removal of a provision that is in violation of ORS 93.270 (Certain restrictions in instruments prohibited) (1)(a) from the title to the property;

(b)

The person served may request a hearing within 20 days after service of the petition; and

(c)

The court is authorized to enter a default judgment removing the provision if no hearing is requested by the owners of record.

(5)

If no request for hearing is made by any person served under subsection (3) of this section within 20 days after service on that person, the court shall enter a judgment removing the provision from the title to the property if the court determines that the provision is in violation of ORS 93.270 (Certain restrictions in instruments prohibited) (1)(a).

(6)

If a hearing is requested by any person served under subsection (3) of this section, the clerk of the court shall schedule a hearing within 20 days after the filing of the request for a hearing. The clerk of the court shall mail notification of the hearing date to the petitioner and to all owners of record listed in the petition.

(7)

At any hearing under the provisions of this section, the sole issue that shall be decided by the court is whether the provision that is the subject of the petition is in violation of ORS 93.270 (Certain restrictions in instruments prohibited) (1)(a). The matter shall be tried to the court sitting without jury. If the court finds that the provision is not in violation of ORS 93.270 (Certain restrictions in instruments prohibited) (1)(a), the court shall dismiss the petition. If the court finds that the provision is in violation of ORS 93.270 (Certain restrictions in instruments prohibited) (1)(a), the court shall enter a judgment removing the provision from the title to the property.

(8)

If a court finds only part of a provision to be in violation of ORS 93.270 (Certain restrictions in instruments prohibited) (1)(a) under this section, the court shall enter a judgment removing only that part of the provision that is in violation.

(9)

For the purposes of this section, “owner of record” has the meaning given that term in ORS 93.272 (Procedure for removal of certain restrictions). [2018 c.35 §1]
Note: 93.274 (Procedure for removal of discriminatory restrictions) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 93 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Source

Last accessed
Mar. 11, 2023

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