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Oregon Revised Statutes

Or. Rev. Stat. § 656.564 (2026)

Lien for amounts due from employer on real property, improvements and equipment on or with which labor is performed by workers of employer

✓ current as of May 2026
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      656.564 Lien for amounts due from employer on real property, improvements and equipment on or with which labor is performed by workers of employer. (1) A lien hereby is created in favor of the insurer upon all real property within this state and any structure or improvement thereon and upon any mine, lode, deposit, mining claim, or any road, tramway, trail, flume, ditch, pipeline, building, or other structure or equipment on or pertaining thereto, upon which labor is performed by the workers of any employer subject to this chapter in a sum equal to the amount at any time due from such employer to the insurer on account of labor performed thereon by the workers of such employer, together with interest and penalty.

      (2) The insurer shall also have a lien on all lumber, sawlogs, spars, piles, ties or other timber, and upon all other manufactured articles of whatsoever kind or nature, and upon all machinery, tools and equipment of the employer used in connection with the employment on which contributions, premiums or assessments are due, in a sum equal to the amount at any time due from any employer subject to this chapter on account of labor performed by the workers of such employer, together with interest and penalty.

      (3) In order to avail itself of the lien created by this section, the insurer shall, within 60 days after the employer is in default, as provided in ORS 656.560, file with the county clerk of the county within which such property is then situated a statement in writing describing the property upon which a lien is claimed and stating the amount of the lien claimed by the insurer. If a lien is claimed on real property not then owned by the employer, the statement must be filed within 60 days from the completion of the work.

      (4) The insurer shall, within six months from the filing of the statement, commence a suit to cause such lien to be foreclosed in the manner provided by law for the foreclosure of other liens on real or personal property.

      (5) The lien created by this section shall be prior to all other liens and encumbrances, except labor liens and liens for taxes and other amounts due the State of Oregon. [Amended by 1979 c.815 §6; 1981 c.535 §40]

Notes of Decisions
Cited in 4 cases, 1955–1986 · leading case: North Side Lumber Co. v. Indus. Indem. Co. (In Re North Side Lumber Co.), 59 B.R. 917 (Bankr. D. Or. 1986).
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North Side Lumber Co. v. Indus. Indem. Co. (In Re North Side Lumber Co.), 59 B.R. 917 (Bankr. D. Or. 1986). · cites it 17× “under ORS 656.564. 1 Industrial Indemnity provided North Side workers’ compensation insurance from July 1983 until cancellation in February, 1985.”
State Comp. Dep't v. Beaver Creek Lumber Co., 480 P.2d 441 (Or. Ct. App. 1971). · cites it 2× “Subsection (3) of ORS 656.564 ① provides that the lien must be filed within sixty days after the employer is in default, as provided in ORS 656.”
Ne. Clackamas Cnty. Elec. Coop., Inc. v. Cont'l Cas. Co., 140 F. Supp. 903 (D. Or. 1955). · cites it 2× “The lien of defendant Industrial Accident Commission against plaintiff, however, is a statutory lien which imposes independent liability upon the owner of premises in the event that the primary liability of an employer who employs workmen on those premises and benefits the owner…”
Bank of Lebanon v. J & W LUMBER CO., 448 P.2d 367 (Or. 1968). “564, for example, provides for liens upon the real and personal property of a non-paying employer, ORS 656.564(3) provides for filing notice of the liens with the county clerk.”
— Or. Rev. Stat. § 656.564(1) — 1 case
North Side Lumber Co. v. Indus. Indem. Co. (In Re North Side Lumber Co.), 59 B.R. 917 (Bankr. D. Or. 1986). “under ORS 656.564. 1 Industrial Indemnity provided North Side workers’ compensation insurance from July 1983 until cancellation in February, 1985.”
— Or. Rev. Stat. § 656.564(2) — 1 case
North Side Lumber Co. v. Indus. Indem. Co. (In Re North Side Lumber Co.), 59 B.R. 917 (Bankr. D. Or. 1986). “under ORS 656.564. 1 Industrial Indemnity provided North Side workers’ compensation insurance from July 1983 until cancellation in February, 1985.”
— Or. Rev. Stat. § 656.564(3) — 2 cases
North Side Lumber Co. v. Indus. Indem. Co. (In Re North Side Lumber Co.), 59 B.R. 917 (Bankr. D. Or. 1986). “under ORS 656.564. 1 Industrial Indemnity provided North Side workers’ compensation insurance from July 1983 until cancellation in February, 1985.”
Bank of Lebanon v. J & W LUMBER CO., 448 P.2d 367 (Or. 1968). “564, for example, provides for liens upon the real and personal property of a non-paying employer, ORS 656.564(3) provides for filing notice of the liens with the county clerk.”
— Or. Rev. Stat. § 656.564(4) — 1 case
North Side Lumber Co. v. Indus. Indem. Co. (In Re North Side Lumber Co.), 59 B.R. 917 (Bankr. D. Or. 1986). “under ORS 656.564. 1 Industrial Indemnity provided North Side workers’ compensation insurance from July 1983 until cancellation in February, 1985.”
— Or. Rev. Stat. § 656.564(5) — 1 case
North Side Lumber Co. v. Indus. Indem. Co. (In Re North Side Lumber Co.), 59 B.R. 917 (Bankr. D. Or. 1986). “under ORS 656.564. 1 Industrial Indemnity provided North Side workers’ compensation insurance from July 1983 until cancellation in February, 1985.”
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