Davenport v. Gruber

RIGGS, J.,

specially concurring.

I concur with the majority’s result, but I would reach that conclusion by a different path. We are not compelled to decide this case on the parties’ constitutional arguments, if there is a non-constitutional dispositive result.1

*286The 1959 tax deed conveyed “timber” to the county, but specified no time period for removal of the timber. If a conveyance of timber does not specify the time within which the timber must be removed, a court will imply a reasonable time. Franke v. Welch, 254 Or 149, 151, 458 P2d 441 (1969). However, because it “has the effect of…