271.230, shall be set by ordinance of the county governing body. [Amended by 1971 c.621 �29; 1975 c.607 �28; 1979 c.833 �29] ����� 205.360 Clerk to receipt and account for certain probate fees col

271.230, shall be set by ordinance of the county governing body. [Amended by 1971 c.621 �29; 1975 c.607 �28; 1979 c.833 �29]

����� 205.360 Clerk to receipt and account for certain probate fees collected. The clerk of the county court shall receive and receipt for fees prescribed in ORS 21.170 that are collected by the clerk, stating in the receipt the amount so received, from whom received and on what account the amount was received, specifying the cause or proceeding. If it is ascertained at any time that the clerk has received any such fees not so accounted for, or done service without collecting fees therefor as provided in ORS 21.170, or neglected duty in any other respect, the payment of salary of the clerk shall be withheld until the matter is fully rectified. [Amended by 1981 s.s. c.3 �99; 2011 c.595 �136]

����� 205.365 Disposition of County Clerk Lien Record fees. Within the first 10 days of the month following the month in which collected, all fees collected by a county clerk for recording and making entry of any instrument in the County Clerk Lien Record shall be paid to the county treasurer for deposit in a separate account in the county general fund. Moneys in such account shall be credited to the county clerk and used exclusively by the county clerk for payment of expenses incurred in maintaining the County Clerk Lien Record. [1983 c.696 �32]

����� 205.370 Payment to and disposition of trial fees by court clerk. Trial fees in the county court exercising judicial functions shall be paid to the clerk of the court, who shall keep a regular account of them, and by whom paid, in the fee book. The clerk shall pay the amount of such fees received to the treasurer of the county, as often as once a month, taking receipt therefor in duplicate, one of which the clerk shall file in the office of the clerk and the other the clerk may retain as private property. At the annual accounting of the county officers with the county court, the clerk shall exhibit to such court a detailed statement of the trial fees received by the clerk in the course of the year, verified by the oath of the clerk. [Amended by 1981 s.s. c.3 �100]

����� 205.380 [Amended by 1963 c.519 �32; repealed by 1981 c.48 �8]

����� 205.390 [Repealed by 1981 c.48 �8]

����� 205.395 Payment of fees by state agencies for entry in County Clerk Lien Record. Notwithstanding the provisions of ORS 182.040 to 182.060 and 205.320 relating to the time and manner of payment of fees to the county clerk, a state officer or state agency that records a warrant, order, a certified copy of the judgment or lien record abstract or other document with a county clerk for entry in the County Clerk Lien Record shall not be required to pay the fee for that service in advance or at the time the entry is made. Except as provided in ORS 137.270 the county clerk, on the 10th day of each month, shall provide the officer or agency with an itemized statement of all recordings made by the officer or agency for the preceding month, together with the total charge therefor. The officer or agency, upon receipt of the itemized statement, shall promptly pay the amount due the county. The fees that may be charged and collected by the county clerk for recording and making entry of any instrument in the County Clerk Lien Record are those fees prescribed for recording documents. [1983 c.696 �2; 1987 c.586 �36]

����� 205.400 [Repealed by 1999 c.803 �10]

INVALID CLAIMS OF ENCUMBRANCE

����� 205.450 Definitions for ORS 205.450 to 205.470. 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]

����� 205.455 Acceptance of filing of invalid claim of encumbrance prohibited; notice of invalid encumbrance; form; posting notice; effect of filing of notice of invalid encumbrance. (1) No person or county shall accept for filing an invalid claim of encumbrance.

����� (2) No person or county shall accept for filing a claim of encumbrance against the property of a federal official or employee or a state or local official or employee based on the performance or nonperformance of the official duties of the official or employee unless accompanied by an order from a court of competent jurisdiction authorizing the filing of the encumbrance.

����� (3) A claim of encumbrance against the property of a federal official or employee or a state or local official or employee based on the performance or nonperformance of the official duties of the official or employee that is not accompanied by an order from a court of competent jurisdiction is an invalid claim of encumbrance and has no legal effect.

����� (4) If an invalid claim of encumbrance against the property of a federal official or employee or against the property of a state or local official or employee is accepted for filing, the filing officer shall accept for filing a notice of invalid encumbrance signed and submitted by:

����� (a) The assistant United States attorney representing the federal agency of which the individual is an official or employee;

����� (b) The assistant attorney general representing the state official, employee or agent, or the state agency, board, commission, department or public university listed in ORS