2015 ORS 30.510¹
Action for usurpation of office or franchise, forfeiture of office or failure to incorporate

An action at law may be maintained in the name of the state, upon the information of the district attorney, or upon the relation of a private party against the person offending, in the following cases:

(1) When any person usurps, intrudes into, or unlawfully holds or exercises any public office, civil or military, or any franchise within this state, or any office in a corporation either public or private, created or formed by or under the authority of this state; or,

(2) When any public officer, civil or military, does or suffers an act which, by the provisions of law, makes a forfeiture of the office of the public officer; or,

(3) When any association or number of persons acts within this state, as a corporation, without being duly incorporated.

Notes of Decisions

Proceeding brought in accordance with this sec­tion is exclusive remedy to decide whether one purporting to act as public of­fi­cer is holding office lawfully. State ex rel Madden v. Crawford, 207 Or 76, 295 P2d 174 (1956); State ex rel Boe v. Straub, 282 Or 387, 578 P2d 1247 (1978)

Trial court lacks jurisdic­tion to hear ac­tion unless ac­tion is commenced and prosecuted by district attorney for district in which ac­tion is triable. Mabon v. Wilson, 198 Or App 340, 108 P3d 598 (2005), aff'd 340 Or 385, 133 P3d 899 (2006)

Law Review Cita­tions

2 EL 329 (1972); 15 EL 247 (1985)


1 Legislative Counsel Committee, CHAPTER 30—Actions and Suits in Particular Cases, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors030.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 30, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano030.­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.