Bill Text: OR HB3620 | 2011 | Regular Session | Enrolled

Oregon House Bill 3620 (Prior Session Legislation)

Bill Title: Relating to Ballot Measure 49 (2007) claims.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2011-07-06 - Chapter 612, (2011 Laws): Effective date January 1, 2012. [HB3620 Detail]

Download: Oregon-2011-HB3620-Enrolled.html



     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

                            Enrolled

                         House Bill 3620

Sponsored by Representative HUFFMAN

                     CHAPTER ................

                             AN ACT

Relating to Ballot Measure 49 (2007) claims; creating new
  provisions; and amending ORS 195.328.

Be It Enacted by the People of the State of Oregon:

  SECTION 1. ORS 195.328 is amended to read:
  195.328. (1) Except as provided in this section, a claimant's
acquisition date is the date the claimant became the owner of the
property as shown in the deed records of the county in which the
property is located. If there is more than one claimant for the
same property under the same claim and the claimants have
different acquisition dates, the acquisition date is the earliest
of those dates.
  (2) If the claimant is the surviving spouse of a person who was
an owner of the property in fee title, the claimant's acquisition
date is the date the claimant was married to the deceased spouse
or the date the spouse acquired the property, whichever is later.
A claimant or a surviving spouse may disclaim the relief provided
under ORS 195.305 to 195.336 and sections 5 to 11, chapter 424,
Oregon Laws 2007, and sections 2 to 9 and 17, chapter 855, Oregon
Laws 2009, by using the procedure provided in ORS 105.623 to
105.649.
  (3) If a claimant conveyed the property to another person and
reacquired the property, whether by foreclosure or otherwise, the
claimant's acquisition date is { + :
  (a) Unaffected by the conveyance if the claimant reacquired the
property within 10 days after the conveyance; or
  (b) + } The date the claimant reacquired ownership of the
property { +  if the claimant reacquired the property more than
10 days after the claimant conveyed the property + }.
  (4) A default judgment entered after December 2, 2004, does not
alter a claimant's acquisition date unless the claimant's
acquisition date is after December 2, 2004.
  SECTION 2.  { + The Department of Land Conservation and
Development shall inform a claimant of the opportunity to request
reconsideration if the claimant's eligibility for relief may be
affected by the amendments to ORS 195.328 by section 1 of this
2011 Act. If the claimant files a request for reconsideration
within 60 days after the notice described in this section is
sent, the department shall reconsider the claimant's eligibility
for relief. + }
                         ----------

Enrolled House Bill 3620 (HB 3620-INTRO)                   Page 1

Passed by House June 14, 2011

    .............................................................
                         Ramona Kenady Line, Chief Clerk of House

    .............................................................
                                    Bruce Hanna, Speaker of House

    .............................................................
                                   Arnie Roblan, Speaker of House

Passed by Senate June 20, 2011

    .............................................................
                              Peter Courtney, President of Senate

Enrolled House Bill 3620 (HB 3620-INTRO)                   Page 2

Received by Governor:

......M.,............., 2011

Approved:

......M.,............., 2011

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2011

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled House Bill 3620 (HB 3620-INTRO)                   Page 3