Oregon Statutes 94.761 – Legislative findings regarding electric vehicle charging stations
(1) The Legislative Assembly finds and declares that:
Terms Used In Oregon Statutes 94.761
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Personal property: All property that is not real property.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(a) The purpose of ORS § 94.762 is to facilitate the installation of an electric vehicle charging station by an owner in a planned community for the owner’s personal residential use.
(b) Oregon courts have identified the following factors in determining whether personal property is a fixture:
(A) Whether the personal property is physically annexed to the real property;
(B) Whether the personal property is specifically adapted to the property; and
(C) Whether the person attaching the personal property objectively intended the personal property to become part of the real property when attached.
(c) Oregon courts have identified the objective intent of the annexer, described in paragraph (b)(C) of this subsection, as the most important of the three factors.
(2) Unless an owner and the homeowners association, or the declarant in lieu of the association, have negotiated a different outcome, an electric vehicle charging station installed under ORS § 94.762 on or before June 4, 2015, is deemed to be the personal property of the owner of the lot with which the charging station is associated. [2015 c.249 § 2]