Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Tax Foreclosure Law topic
No spam. Unsubscribe anytime.
County counsel briefs commissioners on new state law after Supreme Court ruling; Washington County to file final legacy tax-foreclosure complaint
Summary
Deputy county counsel told the board that Tyler v. Hennepin (U.S. Supreme Court) led to changes in Oregon law (HB 2089) that allow former property owners to claim surplus proceeds; Washington County will file a final 2025 tax-foreclosure complaint under the legacy system this month and transition to the new state process.
Deputy County Counsel Jason Bush briefed Washington County commissioners on Sept. 9 about the legal changes affecting tax-foreclosure surplus proceeds following the U.S. Supreme Court's decision in Tyler v. Hennepin and the Oregon Legislature's passage of House Bill 2089.
Deputy County Counsel explained that the 2023 Tyler decision held that keeping surplus proceeds from a tax-foreclosure sale can amount to an unconstitutional taking. In response, the Oregon Legislature enacted HB 2089 this year to add notice requirements and to provide a mechanism for former owners to claim surplus value after the county disposes of property acquired to satisfy delinquent taxes. HB 2089 takes effect at the end of September 2025.
County counsel said Washington County will file its final 2025 tax-foreclosure complaint under the legacy system this month and that staff are working with the Department of Revenue and other agencies to implement the new process going forward. He told commissioners that he and staff are coordinating changes needed for compliance with the new state law and offered to return with further details if the board had questions.
Ending: Commissioners thanked counsel; no formal action was requested or taken at the work session.
