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Oregon Revised Statutes

Or. Rev. Stat. § 312.218 (2026)

Constructive possession by county; notice; remedy of ejectment

✓ current as of May 2026
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      312.218 Constructive possession by county; notice; remedy of ejectment. (1) In relation to or as against the claims of all persons owning or claiming to own, or having or claiming to have, any interest in real property heretofore or hereafter subject to foreclosure for delinquent taxes, excepting only such persons who were or hereafter shall be in the actual and physical possession of any such real property at the time of the execution of a deed thereto to a county pursuant to the provisions of ORS 312.200 that was not and is not void upon its face, the following shall be presumed conclusively:

      (a) That from and after the date of the execution of any such deed to a county, such county shall be deemed to have constructive possession of the real property therein described to the same extent and legal effect as if the county were in the actual, physical and exclusive possession of such property, and for all purposes such constructive possession shall be deemed the equivalent of actual and physical possession of such property that is hostile, adverse, actual, visible, notorious and exclusive.

      (b) That from and after the date of the execution of any such deed to a county, such county had, and hereafter shall be deemed to have had constructive possession of the real property therein described to the same extent and legal effect as if the county were in the actual, physical and exclusive possession of such property, and for all purposes such constructive possession shall be deemed the equivalent of actual and physical possession of such property that is hostile, adverse, actual, visible, notorious and exclusive.

      (c) That the recording of a deed to a county pursuant to ORS 312.200 gave and hereafter shall be deemed to give notice to the world of such county’s constructive possession as provided and defined in ORS 312.214 to 312.220.

      (2) In addition to all other remedies made available to the person by law, the remedy of ejectment is hereby made available to any person claiming to be the owner of any property as against the county which is in the constructive possession of the county as provided and defined in ORS 312.214 to 312.220. [Formerly part of 312.220]

Notes of Decisions
Cited in 2 cases, 1963–1967 · leading case: Hood River Cnty. v. Dabney, 423 P.2d 954 (Or. 1967).
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Hood River Cnty. v. Dabney, 423 P.2d 954 (Or. 1967). · cites it 2× “⑧ ORS 312.218 purports to treat the county as having constructive possession of foreclosed lands and declares that the county’s constructive possession is equivalent to actual possession, thus making it possible for the county to acquire title to defectively foreclosed land by…”
Evergreen Timber Co. v. Clackamas Cnty., 385 P.2d 1009 (Or. 1963). · cites it 5× “050 ② , as it is modified by ORS 312.218. ORS 312.218 reads as follows: “(1) In relation to or as against the claims of all persons owning or claiming to own, or having or claiming to have, any interest in real property heretofore or hereafter subject to foreclosure for…”
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.