ORS 199.466
Approval of annexation or extraterritorial extension without study or hearing

conditions
appeal

Text
Annotations 2

(1)

When filing an annexation petition 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) (3) or (4) with a boundary commission, the principal petitioner may request that the petition or application be approved without the study, public hearing and adoption of a final order required under ORS 199.461 (Study of proposed boundary change or other action). If such request is made, the executive officer of the commission, not later than the 15th day after the filing of the petition or application, shall prepare a brief analysis of the petition or application and a recommendation for disposition of the proceeding, and send a copy of the analysis and recommendation to each commission member, to the governing body of each city, county and district with territory affected by the annexation or extension, to the owners of the affected territory and to such other persons as may be required by the commission. If the executive officer fails to prepare the analysis and recommendation by the 15th day after the filing of the petition or application, then the petition or application shall be approved only after the study, public hearing and adoption of the final order required under ORS 199.461 (Study of proposed boundary change or other action).

(2)

If, within 25 days after the filing of an annexation petition or application for an extraterritorial water or sewer line extension, a person or governing body that received a copy of the executive officer’s analysis and recommendation under subsection (1) of this section does not ask in writing for a public hearing on the proceeding under ORS 199.461 (Study of proposed boundary change or other action), the petition or application shall be considered approved by the commission. After such approval, the executive officer of the commission shall send written notification of the approval to the officials and persons described in ORS 199.461 (Study of proposed boundary change or other action) (5) or (6). For an annexation petition, the notification shall contain a legal description and map describing the territory approved for annexation, and for 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) (3) or (4), a general description and map of the territory affected by the extension. If a request for a public hearing is received by the commission within the 25-day period after the filing, the commission shall proceed as provided by ORS 199.460 (Jurisdiction of boundary commission over boundary changes) to 199.463 (Notice) and 199.490 (Procedure for minor boundary changes or transfers of territory) to 199.534 (Legislative annexation of territory to cities and districts).

(3)

Any person, city, county or district may appeal the approval of a petition or tentative plans under this section as provided in ORS 199.461 (Study of proposed boundary change or other action) (4). [1981 c.265 §14; 1983 c.336 §12; 1989 c.92 §20]

Source: Section 199.466 — Approval of annexation or extraterritorial extension without study or hearing; conditions; appeal, https://www.oregonlegislature.gov/bills_laws/ors/ors199.html.

Notes of Decisions

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 this section 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

Content of staff analysis is subject to court review for adequacy on narrow grounds. Bellinger v. Lane County Local Government Boundary Comm., 140 Or App 185, 915 P2d 430 (1996)

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Oregon:	OAR, ORS
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World:	Rome Statute, International Dictionary

ORS 199.466 Approval of annexation or extraterritorial extension without study or hearing

(1)

(2)

(3)

Notes of Decisions

ORS 199.466
Approval of annexation or extraterritorial extension without study or hearing