Oregon Revised Statutes Chapter 90 § 90.848 — Exceptions to facility transfer requirements

Exceptions to facility transfer requirements. (1) With regard to a sale or transfer of a facility, ORS 90.842, 90.844 and 90.846 do not apply to: (a) Any sale or transfer to an individual who would be included within the table of descent and distribution if the owner of the facility were to die intestate. (b) Any transfer by gift, devise or operation of law. (c) Any sale or transfer by a corporation to an affiliate. (d) Any sale or transfer by a partnership to any of its partners. (e) Any sale or transfer of an interest in a limited liability company to any of the limited liability company’s members. (f) Any conveyance of an interest in a facility incidental to the financing of the facility. (g) Any conveyance resulting from the foreclosure of a mortgage, deed of trust or other instrument encumbering a facility or any deed given in lieu of a foreclosure. (h) Any sale or transfer between or among joint tenants or tenants in common owning a facility. (i) Any sale or transfer in which the facility satisfies the purchaser’s requirement to make a like-kind exchange under section 1031 of the Internal Revenue Code. (j) Any purchase of a facility by a governmental entity under the entity’s powers of eminent domain. (k) Any transfer to a charitable trust. (2) As used in this section, “affiliate” means any shareholder of the selling or transferring corporation, any corporation or entity owned or controlled, directly or indirectly, by the selling or transferring corporation or any other corporation or entity owned or controlled, directly or indirectly, by any shareholder of the selling or transferring corporation. [2014 c.89 §4; 2015 c.217 §12; 2019 c.625 §29]