ORS § 205.323

Current through legislation effective January 1, 2024
Section 205.323 - Additional fees for recording certain instruments; use of fees
(1) In addition to and not in lieu of the fees charged and collected under ORS 205.320 and other fees, the county clerk shall charge and collect the following fees for the recording or filing of any instrument described in ORS 205.130:
(a) A fee of $1, to be credited as provided in subsection (4)(a) of this section;
(b) A fee of $10, to be credited as provided in subsection (4)(b) of this section; and
(c) A fee of $60, to be credited as provided in subsection (4)(c) of this section.
(2) Subsection (1) of this section does not apply to the recording or filing of the following:
(a) Instruments that are otherwise exempt from recording or filing fees under any provision of law;
(b) Any satisfaction of judgment or certificate of satisfaction of judgment; or
(c) Internal county government instruments not otherwise charged a recording or filing fee.
(3) Subsection (1)(c) of this section does not apply to the recording or filing of:
(a) Instruments required under ORS 517.210 to maintain mining claims;
(b) Warrants issued by the Employment Department pursuant to ORS 657.396, 657.642 and 657.646; or
(c) A certified copy of a judgment, a lien record abstract as described in ORS 18.170 or a satisfaction of a judgment, including a judgment noticed by recordation of a lien record abstract.
(4) Of the amounts charged and collected under this section:
(a) The recording or filing fee charged and collected under subsection (1)(a) of this section must be deposited and credited to the Oregon Land Information System Fund established under ORS 306.132.
(b) The recording or filing fee charged and collected under subsection (1)(b) of this section shall be credited as follows:
(A) Five percent of the fee must be credited for the benefit of the county;
(B) Five percent of the fee must be credited for the benefit of the county clerk for the purposes described in ORS 205.320(2); and
(C) 90 percent of the fee must be credited to and deposited in the County Assessment and Taxation Fund created under ORS 294.187.
(c) The recording or filing fee charged and collected under subsection (1)(c) of this section must be credited to and deposited in the County Assessment and Taxation Fund created under ORS 294.187.
(5) The Department of Revenue and county tax collectors are exempt from paying the fee under subsection (1)(c) of this section.

ORS 205.323

Amended by 2018 Ch. 109,§ 10, eff. 6/2/2018.
Amended by 2015 Ch. 27,§ 23, eff. 1/1/2016.
Amended by 2013 Ch. 646,§ 1, eff. 1/1/2014.
1989 c.796 §15; 1999 c.701 §3; 1999 c.788 §61; 1999 c.803 §8; 2001 c.501 §10; 2001 c.713 §5; 2009 c. 18, § 2