Oregon Statutes 105.780 – Notice of substantial damage from flooding to residential structures
(1) A local government with land use jurisdiction may present for recordation in the office of the county clerk a notice of designation of substantial damage to a residential structure when the residential structure:
Terms Used In Oregon Statutes 105.780
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- local government: means all cities, counties and local service districts located in this state, and all administrative subdivisions of those cities, counties and local service districts. See Oregon Statutes 174.116
(a) Has sustained substantial damage, as defined in an ordinance for the purpose of regulating development in hazard areas, from flooding; and
(b) Has not been brought into compliance with ordinances regulating development in hazard areas.
(2) A county clerk shall record a notice of designation of substantial damage pursuant to ORS § 205.130 (3)(e).
(3) If a local government has caused a notice of designation of substantial damage to be recorded under this section, the local government shall present for recordation a notice of remedy of substantial damage that declares void the notice of designation of substantial damage recorded under this section when the structures that were substantially damaged by flooding have been brought into compliance with ordinances regulating development in hazard areas.
(4) The county clerk shall record a notice of remedy of substantial damage pursuant to ORS § 205.130 (3)(e).
(5) This section does not directly, indirectly or by implication limit or alter a preexisting common law or statutory right or remedy, including actions for fraud, negligence or equitable relief. [2013 c.303 § 1]
105.780 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 105 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
MISCELLANEOUS ACTIONS