Oregon Statutes 205.320 – Fees collected by county clerk; use of portion of certain fees
(1) In every county there shall be charged and collected in advance by the county clerk, for the benefit of the county, the following fees, and no more, for the following purposes and services:
Terms Used In Oregon Statutes 205.320
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Contract: A legal written agreement that becomes binding when signed.
- County court: includes board of county commissioners. See Oregon Statutes 174.100
- Lien: A claim against real or personal property in satisfaction of a debt.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Transaction: means an action, including but not limited to a transfer, encumbrance or release affecting title to or an interest in real property, that is required or permitted by state law or rule or federal law or regulation to be recorded. See Oregon Statutes 205.010
(a) For filing and making entry when required by law of any instrument required or permitted by law to be filed, when it is not recorded, $5 for each page.
(b) For filing and making entry of the assignment or satisfaction of any filed, but not recorded, instrument, $5 for each page.
(c) For each official certificate, $3.75.
(d)(A) For recording any instrument required or permitted by law to be recorded, $5 for each page, but the minimum fee shall not be less than $5. As used in this subparagraph, ‘page’ means one side of a sheet 14 inches, or less, long and 8-1/2 inches, or less, wide.
(B) For supplying to private parties copies of records or files, including by electronic delivery of images, not more than $3.75 for locating a record requested by the party and 25 cents for each page. As used in this subparagraph, ‘page’ means one side of a sheet 14 inches, or less, long and 8-1/2 inches, or less, wide.
(C) For each official certificate, $3.75.
(e) For taking an affidavit for and making and issuing a marriage license and registering the return of the license, or for taking an affidavit for and registering a Declaration of Domestic Partnership, $25.
(f) For solemnizing a marriage under ORS § 106.120, $117. This paragraph does not require that the county clerk charge a fee for solemnizing a marriage after normal working hours or on Saturdays or legal holidays. This paragraph does not prohibit a county clerk from charging and accepting a personal payment for solemnizing a marriage if otherwise authorized by ORS § 106.120.
(g) For taking and certifying acknowledgment or proof of execution of any instrument, the fee established in the schedule adopted by the Secretary of State under ORS § 194.400.
(h) For issuing any license required by law, other than a marriage or liquor license, and for which no fee is otherwise provided by law, $5.
(i) For any service the clerk may be required or authorized to perform and for which no fee is provided by law, such fees as may favorably compare with those established by this section for similar services and as may be established by order or rule of the county court or board of county commissioners.
(j) For recording any instrument under ORS § 205.130 (2), as required by ordinance pursuant to ORS § 203.148.
(k) In addition to and not in lieu of the fees charged under paragraph (d) of this subsection, for each additional municipal assessment lien recorded under ORS § 93.643, $5.
(L) In addition to and not in lieu of the fees charged under paragraph (d) of this subsection, for each additional assignment, release or satisfaction of any recorded instrument, $5.
(m) In addition to and not in lieu of the fees charged under paragraph (d) of this subsection, for each additional transaction described under ORS § 205.236, $5.
(n) In addition to and not in lieu of the fees charged under paragraph (d) of this subsection, for each additional lien recorded under ORS § 311.675, $5.
(o) For preparing and recording the certificate under ORS § 517.280, $20 or such other fee that is established by the county governing body.
(p) In addition to and not in lieu of the fees charged under paragraph (d) of this subsection, for each additional claim listed on an affidavit of annual compliance under ORS § 517.210, $5.
(q) In addition to and not in lieu of the fees charged under paragraph (d) of this subsection, for each additional name listed on a cooperative contract under ORS § 62.360 (2) or for recording the termination of a cooperative contract under ORS § 62.360 (4), $5.
(2) Notwithstanding any other law, five percent of any fee or tax that is not collected for the benefit of the county clerk shall be deducted from the fee or tax. The moneys deducted shall be expended for acquiring storage and retrieval systems, payment of expenses incurred in collecting the fee or tax and maintaining and restoring records as authorized by the county clerk. Moneys collected under this subsection shall be deposited in a county clerk records fund established by the county governing body. No moneys shall be deducted under this subsection from:
(a) Fees collected for the Domestic Violence Fund under ORS § 106.045.
(b) Fees collected for conciliation services under ORS § 107.615.
(c) Real estate transfer taxes enacted prior to January 1, 1998.
(d) Fees collected under ORS § 205.323 for the Oregon Land Information System Fund.
(e) Fees collected under ORS § 205.323 (1)(c) for the housing-related programs listed in ORS § 294.187 (2)(b). [Amended by 1957 c.359 § 1; 1965 c.619 § 38; 1971 c.621 § 25; 1975 c.607 § 24; 1979 c. 724 § 6; 1979 c.833 § 25; 1981 c.835 § 13; 1981 s.s. c.3 § 98; 1983 c.393 § 24; 1985 c.582 § 6; 1987 c.469 § 2; 1987 c.586 § 35; 1989 c.976 § 35; 1991 c.230 § 17; 1997 c.253 § 1; 1999 c.654 § 22; 2001 c.713 § 3; 2003 c.565 § 2; 2007 c.99 § 14; 2009 c.18 § 1; 2013 c.219 § 57; 2015 c.27 § 22; 2015 c.168 § 3; 2017 c.663 § 23; 2019 c.402 § 2; 2019 c.605 § 23]