As used in ORS 205.450 to 205.470:
- (1) “Encumbrance” means a claim, lien, charge or liability attached to and binding property.
- (2) “Encumbrance claimant” means a person who purportedly benefits from the filing of an encumbrance.
- (3) “Federal official or employee” has the meaning given the term “employee of the government” in the Federal Tort Claims Act (28 U.S.C. 2671).
- (4) “Filing” includes filing or recording.
- (5) “Invalid claim of encumbrance” means a claim of encumbrance that is not a valid claim of encumbrance.
- (6) “Property” includes, but is not limited to, real and personal property.
(7) “State or local official or employee” means an appointed or elected official, employee or agent of:
- (a) A branch of government of this state or a state agency, board, commission or department of a branch of government of this state;
- (b) A public university listed in ORS 352.002;
- (c) A community college or local school district in this state;
- (d) A city, county or other political subdivision in this state; or
- (e) A public corporation in this state.
(8) “Valid claim of encumbrance” is an encumbrance that:
- (a) Is an encumbrance authorized by statute;
- (b) Is a consensual encumbrance recognized under the laws of this state; or
- (c) Is an equitable, constructive or other encumbrance imposed by a court of competent jurisdiction.
[1997 c.290 §1; 2005 c.22 §156; 2011 c.637 §70]