Oregon Revised Statutes

Or. Rev. Stat. § 105.030 (2026)

Damages for withholding; setoff for improvements

✓ current as of May 2026

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105.030 Damages for withholding; setoff for improvements. The plaintiff shall only be entitled to recover damages for withholding the property for the term of six years next preceding the commencement of the action, and for any period that may elapse from the commencement to the time of giving a verdict, excluding the value of the use of permanent improvements made by the defendant. When permanent improvements have been made upon the property by the defendant, or those under whom the defendant claims, while holding under color of title in good faith and adverse to the claim of the plaintiff, the value of the improvements at the time of trial shall be allowed as a setoff against such damages.

Notes of Decisions

Cited in 5 cases, 1976–2019 · leading case: Hammond v. Hammond, 438 P.3d 408 (Or. Ct. App. 2019).

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Hammond v. Hammond, 438 P.3d 408 (Or. Ct. App. 2019). “" ORS 105.030. Plaintiff sought both declaratory relief and monetary damages in his complaint; however, because the trial court ruled that the 10-year statute barred plaintiff's claim, it did not reach the issue of damages.”

Roesch v. Wachter, 618 P.2d 448 (Or. Ct. App. 1980). · cites it 3× “In support of this contention, plaintiff contends that under ORS 105.030 no setoff was permissible because Wachter did not occupy the premises under color of title in good faith and adverse to the plaintiff’s claim.”

Beaver v. Davis, 550 P.2d 428 (Or. 1976). · cites it 2× “” *217 ORS 105.030 provides: "The plaintiff shall only be entitled to recover damages for withholding the property for the term of six years next preceding the commencement of the action, and for any period that may elapse from the commencement to the time of giving a verdict,…”

State v. Martin, 898 P.2d 230 (Or. Ct. App. 1995). “However, in its motion, plaintiff also sought damages pursuant to ORS 105.030 for defendant’s withholding of possession.”

Seaver v. Counts, 558 P.2d 1232 (Or. 1977). · cites it 3× “The defendants denied generally and pleaded an affirmative defense of adverse possession, and a setoff for improvements under ORS 105.030. The case was tried to a jury which returned a special verdict as follows: 1.”

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