(1) If the court finds that the property can neither be partitioned nor sold without great prejudice to the owners, the court may receive evidence as to the value of the respective interests, fix the value thereof, and make an order permitting an owner to borrow money upon the property with which to pay off the interest, as so fixed, of another owner. Subject to subsection (2) of this section, an owner whose interest in the property is to be satisfied shall be fully discharged by proof of payment filed with the court of the amount fixed by the court as the value of that owner’s interest. A discharged owner shall have no further interest in or claim upon the property.

Terms Used In Oregon Statutes 105.210

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

(2) A court may not order the discharge of an interest of a public body in real property without the consent of the governing body of the public body. [Amended by 2001 c.606 § 1]

 

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