ORS 199.461
Study of proposed boundary change or other action

hearing
action by commission
judicial review
notice to public officials

Text
Annotations 6

(1)

When the boundary commission receives a petition in a boundary change proceeding or an application for any proceeding allowed under ORS 199.464 (Commission approval for exercise of additional district function, to extraterritorially extend district or city sewer or water line or to establish privately owned community water system), it shall:

(a)

Cause a study to be made of the proposal.

(b)

Conduct one or more public hearings on the proposal.

(2)

After the study and hearings, the boundary commission may alter the boundaries set out in a petition for formation or a minor boundary change of a city or district or in a petition for consolidation of cities so as either to include or exclude territory. If the commission determines that any land has been improperly omitted from the proposal and that the owner of the land has not appeared at the hearing, in person or by a representative designated in writing, the commission shall continue the hearing on the petition and shall order notice given to the nonappearing owner requiring appearance of the owner before the commission to show cause, if any, why the land should not be included in the proposal. For minor boundary change modifications, notice to nonappearing owners may be given by personal service or by letter sent by first-class mail, at least 10 days prior to the date to which the hearing has been continued. For major boundary change modifications, notice to nonappearing owners may be given by personal service, by letter sent by first-class mail or by a legal advertisement in a newspaper of general circulation in the area at least 15 days prior to the date to which the hearing has been continued. The required notice may be waived by the nonappearing owner.

(3)

After the study and hearings the boundary commission may alter the application for extraterritorial sewer or water line extensions to include or exclude line and connections thereto, and may alter the application for formation of a privately owned sewer or water system or allocation of territory to a community water supply system to include or exclude territory. If the commission determines that any land has been improperly omitted from a proposal to form a private water or sewer system or allocate territory to a community water system, or that any line or connections have been improperly omitted from a proposal to extend extraterritorially a water or sewer line, and that the owner of the property to be included or to which the line is being extended has not appeared at the hearing, in person or by a representative designated in writing, the commission shall continue the hearing on the proposal and shall order notice given to the nonappearing owner requiring appearance of the owner before the commission to show cause, if any, why the land or line or connection should not be included in the proposal. Notice to nonappearing owners may be given by personal service or by letter sent by first-class mail, at least 10 days prior to the date to which the hearing has been continued. The required notice may be waived by the nonappearing owner.

(4)

On the basis of the study and on the basis of the facts presented at the hearing, the boundary commission shall approve the proposed boundary change or application under ORS 199.464 (Commission approval for exercise of additional district function, to extraterritorially extend district or city sewer or water line or to establish privately owned community water system) as presented or as modified by the commission or disapprove the proposed change, by an order stating the reasons for the decision of the commission. Jurisdiction for judicial review of such an order is conferred upon the Court of Appeals. Except as provided in ORS 183.315 (Application of provisions of chapter to certain agencies) (1), any person interested in a boundary change may petition for judicial review of the order under ORS 183.482 (Jurisdiction for review of contested cases).

(5)

Immediately after the effective date of a final order entered under subsection (4) of this section and a proclamation declaring a minor boundary change approved if any is entered under ORS 199.505 (Effective date of minor boundary changes) (3), the commission shall file a copy of the order and proclamation, if any, with the Secretary of State, the Department of Revenue, the assessor and the county clerk of each county in which the affected territory, city or district is located, and the clerk of the affected city or district. If the commission disapproves a minor boundary change, it shall send a copy of the final order to the person who actually filed the petition and to the affected city or district.

(6)

Immediately after the effective date of a final order on an application under ORS 199.464 (Commission approval for exercise of additional district function, to extraterritorially extend district or city sewer or water line or to establish privately owned community water system), the commission shall file a copy of the order with the applicant, the Oregon Health Authority, the Department of Environmental Quality and the county planning department. [Formerly 199.475; 1979 c.772 §16; 1981 c.265 §9; 1983 c.336 §6; 1989 c.92 §16; 2009 c.595 §176]

Source: Section 199.461 — Study of proposed boundary change or other action; hearing; action by commission; judicial review; notice to public officials, https://www.oregonlegislature.gov/bills_laws/ors/ors199.html.

Notes of Decisions

Local boundary commission may not alter boundaries of area it orders to be annexed in excess of that which meets requirements of ORS 222.170. Peterson v. Portland Metropolitan Area Local Govt. Boundary Comm., 21 Or App 420, 535 P2d 577 (1975)

Statute of limitations applicable to review of minor boundary change order, whether by declaratory judgment or writ of review, is 30 days. Brooks v. Smith, 27 Or App 441, 556 P2d 696 (1976), Sup Ct review denied

Under this section, where no issue about compliance with statewide planning goals was raised, boundary commission had authority to grant motion for stay of annexation order from which city had appealed. City of Wood Village v. Portland Met. LGBC, 45 Or App 585, 609 P2d 379 (1980)

Time for seeking review of boundary commission order approving annexation runs from date when filed and not from date when adopted. Donaldson v. Lane County Local Govt. Bdry. Comm., 93 Or App 280, 761 P2d 1349 (1988), aff’d 310 Or 168, 795 P2d 549 (1990)

In determining standing, question is not whether petitioners are entitled to relief sought, but whether they are entitled to an adjudication, and where “any person interested in boundary change” may petition for judicial review, petitioners alleging residence in proposed city partially annexed by defendant city show interest directly affected by annexation orders and have standing to challenge them. Donaldson v. Lane County Local Govt. Bdry. Comm., 93 Or App 280, 761 P2d 1349 (1988), aff’d 310 Or 168, 795 P2d 549 (1990)

Boundary Commission was not required to provide notice and hearing opportunities to persons who own property adjacent to area of annexation when following expedited process of ORS 199.466 and failure to provide participatory rights was not violation of due process. McGowan v. Lane County Local Govt. Bdry Comm., 102 Or App 381, 795 P2d 560 (1990), Sup Ct review denied

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

ORS 199.461 Study of proposed boundary change or other action

(1)

(a)

(b)

(2)

(3)

(4)

(5)

(6)

Notes of Decisions

ORS 199.461
Study of proposed boundary change or other action