ORS 91.230¹
Farm tenant’s right to emblements

When the leasing or occupation is for the purpose of farming or agriculture, the tenant or person in possession shall, after the termination of the lease or occupancy, have free access to the premises to cultivate and harvest or gather any crop or produce of the soil planted or sown by the tenant or person in possession before the service of notice to quit. [Formerly 91.310]

See also annota­tions under ORS 91.310 in permanent edi­tion.

Notes of Decisions

Where there was sale of prop­erty, upon which tenants had annually planted and harvested grass seed pursuant to oral lease, notice of termina­tion of oral lease given to tenants was not timely, and tenants reseeded and fertilized after sale, tenants were entitled under this sec­tion to damages for grass seed crop harvested by new owners. Falk v. Amsberry, 279 Or 417, 569 P2d 558 (1977)

Estate of lessor could not use emble­ment rights to defeat right of successor to interest in land to collect rent. Simpson v. McCormmach, 125 Or App 603, 866 P2d 489 (1994), Sup Ct review denied

Where tenant voluntarily quitclaims interest in prop­erty prior to expira­tion of lease or foreclosure, tenant retains no interest in crops. Taggart v. Battaglia, 140 Or App 585, 915 P2d 1001 (1996)

1 Legislative Counsel Committee, CHAPTER 91—Tenancy, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors091.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 91, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano091.­html (2019) (last ac­cessed May 16, 2020).
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