2017 ORS 312.218¹
Constructive possession by county
  • notice
  • remedy of ejectment

(1) In relation to or as against the claims of all persons owning or claiming to own, or having or claiming to have, any interest in real property heretofore or hereafter subject to foreclosure for delinquent taxes, excepting only such persons who were or hereafter shall be in the actual and physical possession of any such real property at the time of the execution of a deed thereto to a county pursuant to the provisions of ORS 312.200 (Deed to county) that was not and is not void upon its face, the following shall be presumed conclusively:

(a) That from and after the date of the execution of any such deed to a county, such county shall be deemed to have constructive possession of the real property therein described to the same extent and legal effect as if the county were in the actual, physical and exclusive possession of such property, and for all purposes such constructive possession shall be deemed the equivalent of actual and physical possession of such property that is hostile, adverse, actual, visible, notorious and exclusive.

(b) That from and after the date of the execution of any such deed to a county, such county had, and hereafter shall be deemed to have had constructive possession of the real property therein described to the same extent and legal effect as if the county were in the actual, physical and exclusive possession of such property, and for all purposes such constructive possession shall be deemed the equivalent of actual and physical possession of such property that is hostile, adverse, actual, visible, notorious and exclusive.

(c) That the recording of a deed to a county pursuant to ORS 312.200 (Deed to county) gave and hereafter shall be deemed to give notice to the world of such county’s constructive possession as provided and defined in ORS 312.214 (Public policy relating to title obtained by county by tax foreclosure) to 312.220 (Judgment as evidence and estoppel).

(2) In addition to all other remedies made available to the person by law, the remedy of ejectment is hereby made available to any person claiming to be the owner of any property as against the county which is in the constructive possession of the county as provided and defined in ORS 312.214 (Public policy relating to title obtained by county by tax foreclosure) to 312.220 (Judgment as evidence and estoppel). [Formerly part of 312.220 (Judgment as evidence and estoppel)]

Law Review Cita­tions

52 OLR 175-189 (1973)

Chapter 312

Law Review Cita­tions

5 EL 516 (1975)

1 Legislative Counsel Committee, CHAPTER 312—Foreclosure of Property Tax Liens, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors312.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 312, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano312.­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.