ORS 12.270
Conclusive presumption of validity of governmental subdivision boundary proceedings one year after effective date

On September 13, 1975, any proceeding that establishes or alters the boundaries of a governmental subdivision previously or hereafter initiated and purported to be effected in accordance with applicable legal requirements shall be conclusively presumed valid for all purposes one year after the purported effective date of the action. No direct or collateral attack on the action may thereafter be commenced. This statute of limitations includes but is not limited to the following proceedings:

(1)

Formations and change of organizations under ORS 198.705 (Definitions for ORS 198.705 to 198.955) to 198.955 (Disposition of assets).

(2)

Boundary changes under ORS 199.410 (Policy) to 199.519 (Effective date of boundary change).

(3)

Consolidations under ORS 199.705 (Definitions for ORS 199.705 to 199.795) to 199.795 (Operation and effect of proclamation).

(4)

Incorporations under ORS 221.010 (Definitions for ORS 221.020 to 221.100) to 221.090 (Terms of office of first city council).

(5)

Annexations under ORS 222.111 (Authority and procedure for annexation) to 222.180 (Effective date of annexation), 222.750 (Annexation of unincorporated territory surrounded by city) and 222.840 (Short title) to 222.915 (Application of ORS 222.840 to 222.915).

(6)

Consolidations under ORS 222.210 (Authority to consolidate adjoining and nonadjoining cities or territories) to 222.310 (Construction of ORS 222.210 to 222.310).

(7)

Withdrawals and transfers of territory under ORS 222.510 (Annexation of entire district) to 222.580 (Procedure applicable to prior annexations in which no property division was made).

(8)

Mergers under ORS 222.610 (Surrender of city charter and merger into adjoining city) to 222.710 (Return statements filed with county recording officer).

(9)

Formations and changes under ORS chapter 261.

(10)

Alterations, changes, mergers and consolidations under ORS 330.080 (Composition, purpose and organization of district boundary board) to 330.123 (Division of assets and liabilities), 330.505 to 330.780 (1989 Edition) and 335.490 (Extension of union high school course of study) to 335.505 (Transformation of union high school district into common school district).

(11)

Alterations, changes, mergers and consolidations under ORS chapter 333 commenced before July 1, 2003.

(12)

Formations and boundary changes under ORS 341.025 (Petition for formation of district) to 341.125 (First board) and 341.565 (Boundary board) to 341.575 (Liability of annexed, merged or detached territory).

(13)

Organizations and boundary changes under ORS 545.002 (Definitions) and 545.025 (Purposes of irrigation district) to 545.043 (Qualifications of directors), 545.051 (Change of boundaries authorized) to 545.105 (Assent of bondholders), 545.109 (Recording minutes of board), 545.123 (Redivision of district), 545.126 (Liability of excluded lands for district’s obligations) and 545.131 (Union or merger of districts).

(14)

Formations and boundary alterations under ORS 547.005 (Authority to form drainage district) to 547.060 (Scope of Drainage District Act) and 547.250 (Changes in plan for reclamation) to 547.260 (Appointment of commissioners when plan amended).

(15)

Formations and organizations under ORS chapter 551. [1975 c.326 §2; 1991 c.167 §1; 1999 c.452 §29; 2003 c.226 §20; 2005 c.209 §1]
Note: 12.270 (Conclusive presumption of validity of governmental subdivision boundary proceedings one year after effective date) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 12 by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 12.270 — Conclusive presumption of validity of governmental subdivision boundary proceedings one year after effective date, https://www.­oregonlegislature.­gov/bills_laws/ors/ors012.­html.

Notes of Decisions

Resident of property surrounded by proposed annexation is not precluded from timely raising most challenges to encircling annexation. Costco Wholesale Corp. v. City of Beaverton, 206 Or App 380, 136 P3d 1219 (2006), aff’d 343 Or 18, 161 P3d 926 (2007)

12.010
Time of commencing actions 12.020
When action deemed begun 12.040
Limitations of suits generally 12.050
Action to recover real property 12.060
Suit or action on land contracts 12.070
Action on judgment, decree or sealed instrument 12.080
Action on certain contracts or liabilities 12.085
Action against garnishee 12.090
Accounts 12.100
Action on official act or penalty 12.110
Actions for certain injuries to person not arising on contract 12.115
Action for negligent injury to person or property 12.117
Actions based on child abuse 12.118
Action based on conduct that constitutes sexual assault of adult or conduct knowingly allowing, permitting or encouraging sexual assault of adult 12.120
Action on escape 12.125
Action arising under rental agreement 12.130
Action for penalty 12.132
Action arising out of real estate appraisal activity or appraisal review 12.135
Action for damages from construction, alteration or repair of improvement to real property 12.137
Action for loss of or damage to property arising from nuclear incident 12.140
Actions not otherwise provided for 12.150
Suspension of running of statute by absence or concealment 12.155
Effect of notice of advance payment on running of period of limitation 12.160
Suspension for minors and persons who have disabling mental condition 12.170
Disability must exist when right of action accrues 12.180
Coexisting disabilities must all be removed 12.190
Effect of death on limitations 12.195
Effect of attorney death on limitations 12.200
Suspension by war as to alien 12.210
Suspension by injunction or prohibition of statute 12.220
Commencement of new action after involuntary dismissal 12.230
Acknowledgment or promise taking contract case out of statute 12.240
Effect of payment after obligation becomes due 12.250
Actions by state, county or public corporations 12.270
Conclusive presumption of validity of governmental subdivision boundary proceedings one year after effective date 12.272
Action based on pesticide application 12.274
Action against trustee of express trust 12.276
Action for death, injury or damage resulting from breast implants 12.278
Action against manufacturer of certain pickup trucks 12.280
Action based on practice of land surveying 12.282
Action against manufacturer of extendable equipment 12.410
Definitions for ORS 12.410 to 12.480 12.420
Purpose 12.430
Claims based on law of other states 12.440
Application of statutes and rules governing conflict of laws 12.450
When limitation period of another state not applicable 12.460
Claims to which statutes apply 12.470
Severability 12.480
Short title
Green check means up to date. Up to date

Current through early 2024

§ 12.270’s source at oregon​.gov