ORS 547.420¹
Liability for cost of work
  • notice of claim of lien
  • foreclosure
  • sale of land

(1) Upon completion of the work the board of supervisors shall bill the owner or occupant of the premises for the expense necessarily incurred in the repair, grading or cleaning of the canal, ditch, lateral, drain, slough, waterway or conduit.

(2) If any charge remains unpaid beyond the due date thereof, the secretary of the district may file a notice of claim of lien with the county clerk of the county in which the lands for which the charges were billed are situated. The notice of lien shall be in writing and must contain:

(a) The name of the landowner or occupier who was billed.

(b) A statement of the amount claimed past due.

(c) A description of the land upon which the work was completed sufficient for identification.

(3) The county clerk shall cause the notice of lien to be recorded in the County Clerk Lien Record maintained under ORS 205.125 (County Clerk Lien Record). The amount of the charges and expense, as of the date the notice of lien is filed, shall constitute a first lien upon the lands or premises, except as to taxes. If the charges and expenses are not paid and the lien discharged by the owner or occupant within 30 days from the date the notice is filed, suit or action may be brought in the name of the drainage district for the foreclosure of the lien. The suit or action shall be brought by the district attorney, or, at the option of the board, by an attorney employed by the board. The lands affected thereby shall be sold under execution for the payment and satisfaction of the lien and of the costs and disbursements incurred in connection with the prosecution of the suit or action. [Amended by 1991 c.459 §425i]

Notes of Decisions

ORS 547.410 (Maintaining improvements) and 547.415 (Failure of owner or occupant to act) and this sec­tion do not authorize county drainage district to claim lien to recover cost of constructing bridge. Skyport Properties v. Mult. Co. Drainage Dist. No.1, 117 Or App 427, 844 P2d 909 (1992), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 547—Drainage Districts, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­547.­html (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 547, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­547ano.­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. Currency Information