195.328
Acquisition date of claimant.
(1) Except as provided in this section, a claimant’s acquisition date is the
date the claimant became the owner of the property as shown in the deed records
of the county in which the property is located. If there is more than one
claimant for the same property under the same claim and the claimants have
different acquisition dates, the acquisition date is the earliest of those
dates.
(2) If the
claimant is the surviving spouse of a person who was an owner of the property
in fee title, the claimant’s acquisition date is the date the claimant was
married to the deceased spouse or the date the spouse acquired the property,
whichever is later. A claimant or a surviving spouse may disclaim the relief
provided under ORS 195.305 to 195.336 and sections 5 to 11, chapter 424, Oregon
Laws 2007, sections 2 to 9 and 17, chapter 855, Oregon Laws 2009, and sections
2 to 7, chapter 8, Oregon Laws 2010, by using the procedure provided in ORS
105.623 to 105.649.
(3) If a claimant
conveyed the property to another person and reacquired the property, whether by
foreclosure or otherwise, the claimant’s acquisition date is:
(a) Unaffected by
the conveyance if the claimant reacquired the property within 10 days after the
conveyance; or
(b) The date the
claimant reacquired ownership of the property if the claimant reacquired the
property more than 10 days after the claimant conveyed the property.
(4) A default
judgment entered after December 2, 2004, does not alter a claimant’s
acquisition date unless the claimant’s acquisition date is after December 2,
2004. [2007 c.424 §21; 2011 c.612 §1]
Notes of Decisions
Cited in
4
cases, 2011–2019 · leading case:
Burke v. State, 290 P.3d 790 (Or. 2012).
Burke v. State, 290 P.3d 790 (Or. 2012).
· cites it 17× “ORS 195.328, 10 which concerns determining the Measure 49 claimant's acquisition date, provides, in part: 11 "(1) Except as provided in this section, a claimant's acquisition date 12 is the date the claimant became the owner of the property as shown in the 13 deed records of the…”
Burke v. State Ex Rel. Dep't of Land Conservation & Dev., 251 P.3d 796 (Or. Ct. App. 2011).
· cites it 7× “” Finally, ORS 195.328 describes how to determine a “claimant’s acquisition date”: “(1) Except as provided in this section, a claimant’s acquisition date is the date the claimant became the owner of the property as shown in the deed records of the county in which the property is…”
Kleikamp v. Bd. of Commissioners of Yamhill Cnty., 455 P.3d 546 (Or. Ct. App. 2019).
· cites it 2× “]” In support of that contention, they cite a provision enacted in 2007 that applied to Measure 37 claims during a special extension of the claims review process, ORS 197.”
Papworth v. Oregon Dep't of Land Conservation & Dev., 296 P.3d 632 (Or. Ct. App. 2013).
· cites it 2× “” ORS 195.328(1). The issue in this case is whether claimant satisfied the requirements of section 6(6), specifically, the requirement, set out at section 6(6)(f), that she “lawfully was permitted” to establish at least three home sites “on her acquisition date,” that is, on the…”
— Or. Rev. Stat. § 195.328(1) — 4 cases
Burke v. State, 290 P.3d 790 (Or. 2012).
“ORS 195.328, 10 which concerns determining the Measure 49 claimant's acquisition date, provides, in part: 11 "(1) Except as provided in this section, a claimant's acquisition date 12 is the date the claimant became the owner of the property as shown in the 13 deed records of the…”
Kleikamp v. Bd. of Commissioners of Yamhill Cnty., 455 P.3d 546 (Or. Ct. App. 2019).
“]” In support of that contention, they cite a provision enacted in 2007 that applied to Measure 37 claims during a special extension of the claims review process, ORS 197.”
Papworth v. Oregon Dep't of Land Conservation & Dev., 296 P.3d 632 (Or. Ct. App. 2013).
“” ORS 195.328(1). The issue in this case is whether claimant satisfied the requirements of section 6(6), specifically, the requirement, set out at section 6(6)(f), that she “lawfully was permitted” to establish at least three home sites “on her acquisition date,” that is, on the…”
Burke v. State Ex Rel. Dep't of Land Conservation & Dev., 251 P.3d 796 (Or. Ct. App. 2011).
“” Finally, ORS 195.328 describes how to determine a “claimant’s acquisition date”: “(1) Except as provided in this section, a claimant’s acquisition date is the date the claimant became the owner of the property as shown in the deed records of the county in which the property is…”
— Or. Rev. Stat. § 195.328(3) — 2 cases
Burke v. State, 290 P.3d 790 (Or. 2012).
“ORS 195.328, 10 which concerns determining the Measure 49 claimant's acquisition date, provides, in part: 11 "(1) Except as provided in this section, a claimant's acquisition date 12 is the date the claimant became the owner of the property as shown in the 13 deed records of the…”
Burke v. State Ex Rel. Dep't of Land Conservation & Dev., 251 P.3d 796 (Or. Ct. App. 2011).
“” Finally, ORS 195.328 describes how to determine a “claimant’s acquisition date”: “(1) Except as provided in this section, a claimant’s acquisition date is the date the claimant became the owner of the property as shown in the deed records of the county in which the property is…”
— Or. Rev. Stat. § 195.328(3)(b) — 1 case
Burke v. State, 290 P.3d 790 (Or. 2012).
“ORS 195.328, 10 which concerns determining the Measure 49 claimant's acquisition date, provides, in part: 11 "(1) Except as provided in this section, a claimant's acquisition date 12 is the date the claimant became the owner of the property as shown in the 13 deed records of the…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.