Bill Text: OR HB3503 | 2013 | Regular Session | Introduced

Oregon House Bill 3503 (Prior Session Legislation)

Bill Title: Relating to the sale of real property to enforce a lien for local improvements; declaring an emergency.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3503 Detail]

Download: Oregon-2013-HB3503-Introduced.html



     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 3899

                         House Bill 3503

Sponsored by Representative WEIDNER

                             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.

  Modifies calculation of minimum price for which real property
may be sold to recover unpaid final assessments against real
property for local improvements.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to the sale of real property to enforce a lien for local
  improvements; amending ORS 223.525; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 223.525, as amended by section 3, chapter 47,
Oregon Laws 2012, is amended to read:
  223.525. (1) Each lawfully established unit of land or tract
must be sold separately and for a sum equal to or exceeding the
greater of:
  (a) The amount of the unpaid final assessment plus interest,
penalties and the costs of conducting the sale; or
  (b) Seventy-five percent of the   { - total - }
 { + maximum + } assessed value of the real property { +  or the
real market value of the real property, whichever is greater + },
as determined by the assessor of the county in which the land and
improvements are located.
  (2) If more than one bid equals or exceeds the minimum sum for
which real property may be sold under this section, the real
property must be sold to the highest bidder.
  (3) If none of the bids equals or exceeds the minimum sum for
which real property may be sold under this section or the sale is
not completed for any other reason, the real property may be
offered for sale as provided in ORS 223.560.
  (4) If the sum received for the sale of real property under
this section exceeds the amount of the unpaid final assessment,
plus interest, penalties and the costs of conducting the sale,
the treasurer shall apply the proceeds of the sale as follows:
  (a) To the costs of conducting the sale.
  (b) To the unpaid final assessment or installment secured by
the lien and the interest and penalties.
  (c) To persons with recorded liens or other interest in the
real property in the order of their priority.
  (d) To the debtor or the debtor's heirs or assigns.
  (5) A levy is not required upon lawfully established units of
land or tracts on the list described in ORS 223.515, but a notice

of sale must be posted four consecutive weeks before the sale of
each lawfully established unit of land or tract.
  SECTION 2.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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