2015 ORS 93.272¹
Procedure for removal of certain discriminatory restrictions

(1) Any owner of record of real property that is subject to an instrument conveying or contracting to convey fee title to the property that contains a provision that is in violation of ORS 93.270 (Certain discriminatory restrictions in conveyancing instruments prohibited) may file a petition to remove that provision from the title to the property. The petition shall be filed in the circuit court for the county in which the property is located. No fee shall be charged for the filing of the petition. The petition shall contain:

(a) The name and mailing address of the person filing the petition;

(b) The name and mailing address of all owners of record of the property;

(c) The legal description of the property subject to the provision in violation of ORS 93.270 (Certain discriminatory restrictions in conveyancing instruments prohibited); and

(d) A clear reference to the provision claimed to be in violation of ORS 93.270 (Certain discriminatory restrictions in conveyancing instruments prohibited).

(2) Notice and a copy of the petition shall be served on all owners of record in any manner provided for in ORCP 7. The notice shall inform the owners of record that:

(a) The petition seeks the removal of a provision that is in violation of ORS 93.270 (Certain discriminatory restrictions in conveyancing instruments prohibited) from the title to the property;

(b) The person served may request a hearing within 10 days after service of the petition; and

(c) The court is authorized to enter a default judgment removing the provision if no hearing is requested by the owners of record.

(3) The petitioner shall file with the court proof of service in the manner provided in ORCP 7 F. If no request for hearing is made by any person served within 10 days after service on that person, the court shall enter a judgment removing the provision from the title to the property if the court determines that the provision is in violation of ORS 93.270 (Certain discriminatory restrictions in conveyancing instruments prohibited).

(4) If a hearing is requested by any person served under subsection (2) of this section, the clerk of the court shall schedule a hearing within 20 days after the filing of the request for a hearing. The clerk of the court shall mail notification of the hearing date to the petitioner and to all owners of record listed in the petition.

(5) At any hearing under the provisions of this section, the sole issue that shall be decided by the court is whether the provision that is the subject of the petition is in violation of ORS 93.270 (Certain discriminatory restrictions in conveyancing instruments prohibited). The matter shall be tried to the court sitting without jury. If the court finds that the provision is not in violation of ORS 93.270 (Certain discriminatory restrictions in conveyancing instruments prohibited), the court shall dismiss the petition. If the court finds that the provision is in violation of ORS 93.270 (Certain discriminatory restrictions in conveyancing instruments prohibited), the court shall enter a judgment removing the provision from the title to the property.

(6) If a court finds only part of a provision to be in violation of ORS 93.270 (Certain discriminatory restrictions in conveyancing instruments prohibited) under this section, the court shall enter a judgment removing only that part of the provision that is in violation.

(7) For the purposes of this section, "owner of record" means a person having any legal or equitable interest in property, including, but not limited to, a purchaser, lienholder or holder of any security interest in such property whose interest is recorded in the public records provided for by Oregon statutes where the owner’s interest must be recorded to perfect a lien or security interest or provide constructive notice of the owner’s interest. [1991 c.850 §2]

Chapter 93

Atty. Gen. Opinions

Records involving title to real prop­erty registered under the Torrens system, (1972) Vol 35, p 1032


1 Legislative Counsel Committee, CHAPTER 93—Conveyancing and Recording, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors093.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 93, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano093.­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.