Sale to certain county officers or employees of real property acquired by foreclosure of tax lien; disposition of real property or proceeds of sale of real property acquired by ineligible purchaser

(1) As used in this section: (a) “Actual conflict of interest” has the meaning given that term under ORS 244.020. (b) “Bona fide purchaser” means a purchaser of a fee simple interest in a single property who acquires the property in an arm’s-length transaction and for fair market value and adequate consideration. (c) “Discretionary action” means an action committed to the sound judgment and conscience of a county officer or a county employee, acting in the official capacity of the officer or employee. (d) “Ministerial action” means an action requiring obedience to specific instructions or law and allowing little or no discretion in its implementation. (2) An elected or appointed county officer as described in ORS 204.005, a family member of the officer or an intermediary of either may not purchase from the county, directly or indirectly, real property obtained by foreclosure of delinquent tax liens. (3) A county employee not included under subsection (2) of this section, a family member of the county employee or an intermediary of either may not purchase from the county, directly or indirectly, real property obtained by foreclosure of delinquent tax liens if the county employee has an actual conflict of interest related to the real property. An actual conflict of interest may be created under this section by the discretionary action of a county employee related to the foreclosure, sale or transfer of the real property by the county, but is not created by the ministerial action of the county employee. (4) In addition to and not in lieu of a penalty or sanction that may apply under ORS chapter 244 or otherwise, if real property is purchased in violation of this section, the county officer or employee shall: (a) Transfer the real property to the county for the amount paid for the property less an amount for expenses incurred by the county; or (b) If the real property has been transferred by the county officer or employee to a bona fide purchaser, transfer to the county the amount received for the sale to a bona fide purchaser less the amount paid to obtain the property from the county.