Bill Text: OR SB819 | 2011 | Regular Session | Introduced

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Bill Title: Relating to notices of pending actions; declaring an emergency.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB819 Detail]

Download: Oregon-2011-SB819-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 3437

                         Senate Bill 819

Sponsored by Senator MORSE

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Prohibits recording of notice of pending action for inverse
condemnation action.
  Provides that upon violation of prohibition, court must award
plaintiff $5,000, or three times damages suffered by plaintiff by
reason of recording, whichever amount is greater. Requires award
of attorney fees and costs incurred by plaintiff that are
attributable to recording.
  Applies to inverse condemnation actions commenced on or after
January 1, 2008.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to notices of pending actions; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) A notice of pending action under ORS 93.740
may not be recorded for any inverse condemnation action that is
brought by the owner of property or by a person claiming an
interest in property.
  (2) If a party to an inverse condemnation action records a
notice of pending action in violation of this section, the court
shall:
  (a) Award the plaintiff in the action $5,000, or three times
the damages suffered by the plaintiff by reason of the recording,
whichever amount is greater; and
  (b) Award the plaintiff all attorney fees and costs incurred by
the plaintiff that are attributable to the recording.
  (3) Any award under subsection (2) of this section is not
affected by a transfer of the property or interest in the
property by the plaintiff. + }
  SECTION 2.  { + Section 1 of this 2011 Act applies to any
inverse condemnation action commenced on or after January 1,
2008. + }
  SECTION 3.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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