2017 ORS 105.030¹
Damages for withholding
  • setoff for improvements

The plaintiff shall only be entitled to recover damages for withholding the property for the term of six years next preceding the commencement of the action, and for any period that may elapse from the commencement to the time of giving a verdict, excluding the value of the use of permanent improvements made by the defendant. When permanent improvements have been made upon the property by the defendant, or those under whom the defendant claims, while holding under color of title in good faith and adverse to the claim of the plaintiff, the value of the improvements at the time of trial shall be allowed as a setoff against such damages.

Notes of Decisions

Set Off

Damages are limited to reasonable rental value of prop­erty for exclusion period, less value of permanent improve­ments, and do not include attorney fees or costs. Beaver v. Davis, 275 Or 209, 550 P2d 428 (1976)

Where the expired lease provided that all improve­ments would become the prop­erty of the lessor and the evidence showed all improve­ments had been made before the expira­tion of the lease, not during the period of adverse pos­ses­sion, the defendants were not entitled to recovery for improve­ments. Seaver v. Counts, 277 Or 29, 558 P2d 1232 (1977)

Chapter 105

Atty. Gen. Opinions

Private process server in a forcible entry and detainer ac­tion, (1975) Vol 37, p 869

1 Legislative Counsel Committee, CHAPTER 105—Property Rights, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors105.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 105, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano105.­html (2017) (last ac­cessed Mar. 30, 2018).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.