2007 ORS 105.555¹
Places declared nuisances subject to abatement

(1) The following are declared to be nuisances and shall be enjoined and abated as provided in ORS 105.550 (Definitions for ORS 105.550 to 105.600) to 105.600 (ORS 105.550 to 105.600 not to limit authority of cities or counties to further restrict activities):

(a) Any place that, as a regular course of business, is used for the purpose of prostitution and any place where acts of prostitution occur;

(b) Any place that is used and maintained for profit and for the purpose of gambling or a lottery, as defined in ORS 167.117 (Definitions for ORS 167.108 to 167.164 and 464.270 to 464.530), by any person, partnership or corporation organized for profit and wherein take place any of the acts or wherein are kept, stored or located any of the games, devices or things that are forbidden by or made punishable by ORS 167.108 (Definitions for ORS 167.109 and 167.112) to 167.164 (Possession of gray machine);

(c) Any place that has been determined to be not fit for use under ORS 453.876 (Determination that property is not fit for use) and that has not been decontaminated and certified as fit for use under ORS 453.885 (Decontamination of property) within 180 days after the determination under ORS 453.876 (Determination that property is not fit for use); and

(d) Any place where activity involving the unauthorized delivery, manufacture or possession of a controlled substance, as defined in ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.840 to 475.980), occurs or any place wherein are kept, stored or located any of the devices, equipment, things or substances used for unauthorized delivery, manufacture or possession of a controlled substance. As used in this paragraph, "devices, equipment, things" does not include hypodermic syringes or needles. This paragraph does not apply to acts that constitute violations under ORS 475.860 (Unlawful delivery of marijuana) or 475.864 (Unlawful possession of marijuana).

(2) Nothing in ORS 105.550 (Definitions for ORS 105.550 to 105.600) to 105.600 (ORS 105.550 to 105.600 not to limit authority of cities or counties to further restrict activities), 166.715 (Definitions for ORS 166.715 to 166.735) and 167.158 (Lottery prizes forfeited to county) applies to property to the extent that the devices, equipment, things or substances that are used for delivery, manufacture or possession of a controlled substance are kept, stored or located in or on the property for the purpose of lawful sale or use of these items. [1989 c.846 §3; 1989 c.915 §24; 1999 c.168 §7; 2005 c.706 §1; 2005 c.708 §43]

Notes of Decisions

Under Former Similar Statute

Provision of prospective equitable relief from continua­tion of nuisances does not circumvent crim­i­nal statutes and thereby deny constitu­tional rights available under such statutes. State ex rel Haas v. Club Recrea­tion, 41 Or App 557, 599 P2d 1194 (1979), Sup Ct review denied

Failure to specifically name "prostitu­tion" does not mean abate­ment pro­ce­dures do not apply to places of prostitu­tion. State ex rel Haas v. Club Recrea­tion, 41 Or App 557, 599 P2d 1194 (1979), Sup Ct review denied

Terms "lewdness" and "assigna­tion" are not unconstitu­tionally vague. State ex rel Haas v. Club Recrea­tion, 41 Or App 557, 599 P2d 1194 (1979), Sup Ct review denied

Separate showing of irreparable harm is not re­quired in civil nuisance abate­ment pro­ceed­ing. State ex rel Haas v. Dionne, 42 Or App 851, 601 P2d 894 (1979)

Law Review Cita­tions

Under Former Similar Statute

51 OLR 504-508 (1972)

In General

27 WLR 351 (1991)

Notes of Decisions

Under Former Similar Statutes

As the state has valid interest in prohibiting illegal uses of prop­erty and proper safeguards exist, abate­ment pro­ceed­ings do not amount to an unconstitu­tional taking of prop­erty. State ex rel Haas v. Club Recrea­tion, 41 Or App 557, 599 P2d 1194 (1979), Sup Ct review denied

Atty. Gen. Opinions

In General

Exemp­tion of nuisance laws from constitu­tional require­ment for pay­ments based on govern­ment regula­tions restricting use of prop­erty, (2001) Vol 49, p 284

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/­105.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 105, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­105ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
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.