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HO Decision (532)
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HO Decision (532)
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Last modified
5/23/2022 11:15:41 AM
Creation date
10/30/2024 4:11:58 PM
Metadata
Fields
Template:
Land Use
Case_Number
21-038
Document_Date
5/13/2021
Land Use Type
Administrative Review
Tax_Lot_Number
061W35D001600
Document_Type
Decision
Site_Address
14300 BLOCK OF EVANS VALLEY RD NE
Additional Info
061W35D001400
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• • <br /> construction, citing State v. Gaines, 346 Or 160, 206 P3d 1042 (2009) and PGE v. <br /> Bureau of Labor and Industries, 317 Or 606, 610-12, 859 P2d 1143 1993). <br /> However, ORS 174.020 obligates a court to consider proffered legislative history <br /> only when the text of a statute is not capable of only one meaning. State v. Gaines <br /> at 173. See also, ORS 174.010 and ORS 174.020. <br /> ORS 174.010 provides (in relevant part) that the in the construction of a statute, the <br /> office of the judge is simply to ascertain and declare what is, in terms or in substance, <br /> contained therein, not to insert what has been omitted, or to omit what has been <br /> inserted. <br /> The definition of"Owner" in Measure 49, as specified in ORS 195.300(18) provides: <br /> (a) The owner of fee title to the property as shown in the deed records of the <br /> county where the property is located; <br /> (b) The purchaser under a land sale contract, if there is a recorded land sale <br /> contract in force for the property; or <br /> (c) If the property is owned by the trustee of a revocable trust, the settlor of <br /> a revocable trust, except that when the trust becomes irrevocable only the <br /> trustee is the owner. (emphasis added) <br /> The Oregon Uniform Trust Code under ORS 130.010(2) defines a beneficiary as a <br /> person that (a) has a present or future beneficial interest in a trust, whether vested <br /> or contingent; or (b) holds a power of appointment over trust property in a capacity <br /> other than that of trustee. <br /> Under the terms of the restated Trust that was submitted by Applicant on March 17, <br /> 2022, the trust estate was to be divided into equal shares of the Trustor's children <br /> and lineal descendants of any deceased children. The Trust indicated the <br /> Trustor's children were Gretchen L. Rhyne and Justine C. Fogarty. <br /> While the Trust is revocable, the Beneficiaries do not have a real property interest <br /> in the Trust property because a beneficial interest in a revocable trust is not <br /> usually considered a property interest. Tseng v. Tseng, 271 Or App 657, 667 <br /> (2015). When Mary Ruhl Dodds died on October 12, 2008, the Trust became <br /> irrevocable. ORS 130.730 provides "...the interests of a beneficiary under a <br /> revocable or irrevocable trust vest when the trust becomes irrevocable..." When <br /> the Trust became irrevocable, the Beneficiary's interest vested. <br /> Applicant correctly states that a vested interest is a real interest in property. A <br /> vested interest in the subject property gave the beneficiaries the right to receive the <br /> property interest. However, upon the death of Mary Ruhl Dodds, the trust became <br /> 13 <br /> Case No. AR 21-038 — ORDER <br /> Fogarty <br />
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