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Statutory Tort Compensation, Wrongful Conviction Compensation, Homestead Exemption, & Base Protected Account Balance Exemption

REQUEST FOR PUBLIC COMMENT

Proposed Annual Adjustments to the Oregon Tort Claims Act Liability Limits, Wrongful Conviction Compensation Amounts, Homestead Exemption Amounts, & Base Protected Account Balance Exemption Amounts

Oregon laws direct the State Court Administrator to calculate changes annually in various limits and amounts based on the Consumer Price Index for All Urban Consumers, West Region.  The Office of the State Court Administrator (OSCA) is seeking public comment on the proposed changes to the Oregon Tort Claims Act liability limits, wrongful conviction compensation amounts, homestead exemption amounts, and base protected account balance exemption amounts.

Public comment is due no later than 5:00 p.m. on May 6, 2025, and the final adjustments will take effect on July 1, 2025.

To review the request and submit public comment, click here.

Oregon Tort Claims Act Liability Limits

Effective July 1, 2024 – June 30, 2025

The Office of the State Court Administrator (OSCA) has calculated the annual adjustment to the limitations on liability of state and local public bodies for personal injury, death, and property damage or destruction.  Based on these calculations, the limitations are adjusted as shown in this table:

Public Body Claimant(s) Claim Adjusted Limit
state
singleinjury or death$2,565,400
state
multiple
injury or death$5,130,700
localsingleinjury or death
$855,200
local
multipleinjury or death$1,710,200
state or localsingleproperty damage or destruction$140,300
state or local
multipleproperty damage or destruction
$701,300
These limitations became effective on July 1, 2024, and apply to all causes of action arising on or after July 1, 2024, and before July 1, 2025.
 
OSCA opened a public comment period on the adjustments from March 13, 2024, to 5:00 p.m. on May 1, 2024.  We received no public comment.
 
OSCA makes these adjustments annually, as required by ORS 30.271(4), 30.272(4), and 30.273(3).

Wrongful Conviction Compensation


Effective July 1, 2024 – June 30, 2025

The Office of the State Court Administrator (OSCA) has calculated adjustments to the compensation limits for a wrongful conviction, as provided in ORS 30.657.  That statute allows a wrongfully convicted person to file a petition seeking compensation in the Marion County Circuit Court or in the circuit court for the county of conviction, and directs OSCA to adjust these compensation amounts annually according to the methodology described in the measure. The adjusted amounts are listed below:

For petitions filed Compensation for Wrongful Conviction
on or after 07/01/2024
and before 07/01/2025
$69,000 for each year of imprisonment
$26,500 for each additional year served on parole or post-prison supervision or was required to register as a sex offender, whichever is greater
These compensation amounts became effective on July 1, 2024, and apply to all petitions filed on or after July 1, 2024, and before July 1, 2025.
 
OSCA opened a public comment period on the adjustments from March 13, 2024, to 5:00 p.m. on May 1, 2024.  We received nine public comments; however, none of the comments contained any suggestion that the adjustments were incorrectly calculated under the statute.
 
OSCA makes these adjustments annually, as required by statute.

OSCA cannot provide legal advice to the public.  If you believe you may have a claim for wrongful conviction compensation, contact an attorney.

Homestead Exemption & Base Protected Account Balance Exemption

Effective January 1, 2025 – June 30, 2025

In 2024, the Oregon Legislative Assembly passed Senate Bill (SB) 1595 (Oregon Laws 2024, chapter 100). Beginning January 1, 2025, the measure requires the Office of the State Court Administrator (OSCA) to adjust the base amounts for several exemptions from execution and garnishment annually according to the methodology described in the measure. The amounts are listed below:

Homestead Exemption

Exemption Before January 1, 2025 Current Amount
Single Judgment Debtor$40,000
$150,000
Two or More Judgment Debtors
(same household)
$50,000
$300,000

Base Protected Account Balance Exemption

Exemption Before January 1, 2025 Current Amount
Base Protected Account Balance
N/A
$2,500