2015 ORS 12.250¹
Actions by state, county or public corporations

Unless otherwise made applicable thereto, the limitations prescribed in this chapter shall not apply to actions brought in the name of the state, or any county, or other public corporation therein, or for its benefit.

Notes of Decisions

There is no distinc­tion between govern­mental and proprietary func­tions of state as landowner, insofar as statute of limita­tions is concerned. State ex rel Highway Division v. Rosanbalm, 31 Or App 717, 571 P2d 537 (1977), Sup Ct review denied

ORS 12.250 (Actions by state, county or public corporations) and 275.027 (Adverse possession of county lands) are properly viewed not as limiting ability of adverse possessors to acquire title to county lands, but as removing impedi­ment to county's ability to defend its record title to real prop­erty. Coos County v. State of Oregon, 303 Or 173, 734 P2d 1348 (1987)

Reference to limita­tions prescribed in chapter does not change govern­ment's general immunity from applica­tion of limita­tion pro­vi­sions both within and without chapter. City of Medford v. Budge-McHugh Supply Co., 91 Or App 213, 754 P2d 607 (1988), Sup Ct review denied

Reference to "other public corpora­tion therein" extends exemp­tion for state and counties to also include irriga­tion districts and other corpora­tions formed for public purpose or benefit. Shasta View Irriga­tion District v. Amoco Chemicals Corp., 329 Or 151, 986 P2d 536 (1999)

Chapter 12

Notes of Decisions

An ac­tion for per­sonal injuries caused by breach of implied warranty is clearly one for which "different limita­tion is prescribed by statute" under ORS 12.010 (Time of commencing actions) and thus is not governed by pro­vi­sions of this chapter. Redfield v. Mead, Johnson & Co., 266 Or 273, 512 P2d 776 (1973)


1 Legislative Counsel Committee, CHAPTER 12—Limitations of Actions and Suits, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors012.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 12, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano012.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.