Bill Text: OR HB2855 | 2013 | Regular Session | Introduced

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Bill Title: Relating to adverse possession of property.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2855 Detail]

Download: Oregon-2013-HB2855-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2833

                         House Bill 2855

Sponsored by COMMITTEE ON JUDICIARY

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Requires person claiming property by adverse possession to hold
hostile possession of property with color of title based on
written conveyance.

                        A BILL FOR AN ACT
Relating to adverse possession of property; amending ORS 105.618
  and 105.620.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 105.620 is amended to read:
  105.620. (1) A person may acquire fee simple title to real
property by adverse possession only if:
  (a) The person { + , + } and the predecessors in interest of
the person { + , + } have maintained actual, open, notorious,
exclusive, hostile and continuous possession of the property for
a period of 10 years;
  (b) At the time the person claiming by adverse
possession { + , + } or the person's predecessors in interest,
first entered into possession of the property, the person
entering into possession had the honest belief that the person
was the actual owner of the property and that belief:
  (A) By the person { + , + } and the person's predecessor in
interest, continued throughout the vesting period;
  (B) Had an objective basis; and
  (C) Was reasonable under the particular circumstances; and
  (c) The person proves each of the elements set out in this
section by clear and convincing evidence.
  (2)(a) A person maintains 'hostile possession' of property if
the possession is   { - under claim of right or - }  with color
of title.   { -  ' Color of title' means the adverse possessor
claims under a written conveyance of the property or by operation
of law from one claiming under a written conveyance. - }
  (b) Absent additional supporting facts, the grazing of
livestock is insufficient to satisfy the requirements of
subsection (1)(a) of this section.
   { +  (3) As used in this section, 'color of title' means the
adverse possessor claims under a written conveyance of the
property or by operation of law from one claiming under a written
conveyance. + }
    { - (3) - }   { + (4) + } As used in this section and ORS
105.005 and 105.615, 'person' includes, but is not limited to,
the state and its political subdivisions as created by statute.
  SECTION 2. ORS 105.618 is amended to read:
  105.618. A person may not acquire by adverse possession, as
  { - defined - }  { +  described + } in ORS 105.620, property
owned by a railroad or used for a railroad operation.
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